LAS VEGAS (KTNV) — A vote to reduce all death penalty convictions in Nevada will not happen due to a judges' ruling on Monday.
However, a pending Supreme Court petition could revive the discussion urged by governor Steve Sisiolak.
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The ruling in Washoe County has knocked down a discussion of reducing the sentence of every person on death row.
The death penalty is incredibly divisive, and outgoing governor Steve Sisolak's proposal before the parole board to commute the sentence of every person on death row to life in prison without parole was no different.
"I think it's really ill advised," said former Clark County district attorney David Rogers. "The timing is terrible."
Rogers agreed with emergency arguments filed with the Nevada supreme court attempting to block the parole board from reducing those sentences.
The petitions argue the agenda item, added just last week, didn't give victims ample notice and prevents them from properly weighing in.
"What they're saying is, time out. Slow this down, and let's give everybody notice and have an opportunity to be heard," Rogers said.
ACLU Nevada, on the other hand, argues the parole board has sweeping powers to reduce sentences without a request from the inmate.
Legal director Christopher Peterson says the board is only required to give 90 day notice of commutations when an inmate applies for leniency.
"There's no law, and this includes the constitution and statute, where the Board of Pardons has to have an application before it can consider commuting a sentence."
ACLU would like the death penalty abolished completely, but Peterson says commutation is a step in the right direction.
"Fundamentally, we are an organization that does not trust our government to handle the power of executing people," Peterson said.
Roger says law changes aren't likely in a divided legislature, so it could come down to the people.
"Every legislative session there's a bill that goes nowhere. You have politicians talking about abolishing the death penalty," Roger said. "It's pretty simple. Put it to a vote of the people of Nevada."
Right now, the ruling out of Washoe has blocked the prospect of commuting all death sentences. However, the state Supreme Court could reverse that decision before the meeting starting Tuesday at 9 a.m.
Sisolak's team declined comment saying he will address the court ruling during the meeting.
Governor-elect Joe Lombardo praised the ruling in a statement.
“I'm thankful to Judge James Wilson for upholding the law," Lombardo wrote, "and I'm grateful that he protected the voter-approved constitutional rights of crime victims and their families. I'm relieved that justice has prevailed through Marsy's Law.”
Senator Catherine Cortez Masto also issued a statement opposing the proposals.
“As a former prosecutor, I believe the death penalty should be on the table for those who have committed the worst of the worst violent crimes," Cortez Masto wrote. "I have always stood up for victims and their families to be informed, attend, and be heard at all stages of the criminal justice process. That’s why I oppose this proposal.”
