Constitutional Revision Comission Considers Limits to Post-Conviction Challenges

May 08, 2008 by Elizabeth Ziegler

(KCPW News) Today, the Attorney General's office again asks for the Utah Constitutional Revision Commission's support of a plan to restrict Death Row inmates post conviction challenges. Some worry the proposed constitutional amendment grants too much power to the state's Legislative body. Those opposed include former Utah Supreme Court Chief Justice Michael Zimmerman.

"Basically this is using a sledge-hammer to kill a fly, first of all," Zimmerman says. "Secondly, this is to allow the Legislature on a case by case, or category by category basis, to deprive the Utah Courts of the power to consider post-conviction challenges seems to us to be extraordinary."

Zimmerman says the number of challenges is too small to risk perforating the separation of powers between the judiciary and legislative branches. There are currently nine inmates on Utah's Death Row for murders that happened in the 1980s and 90s. Of these, four are currently challenging their cases in federal court, two have gone through federal challenges and are now back in Utah's post conviction review process again. The others are still in the first round of post conviction review in district or state courts. The AG's post conviction chief, Thomas Brunker, says these Death Row challenges take advantage of the system and delay closure for victims' families.

"We're not trying to expedite it to the exclusion of valid claims timely raised," Brunker says. "But what we're getting is people coming back and trying to start processes over and over and over and delay. And this does tremendous damage to the victims' survivors. They've had someone murdered in their family. And there's no end to the litigation."

Today will be the third time since October the AG's Office has testified in favor of a constitutional amendment to grant the Legislature the power to limit post-conviction challenges. While the Constitutional Revision Commission's approval is not necessary to propose a bill to amend the constitution, Brunker says it helps. He anticipates such a bill will be introduced next Legislative session.

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