Introduction of the District of Columbia Clemency Home Rule Act

Floor Speech

BREAK IN TRANSCRIPT

Ms. NORTON. Madam Speaker, today, I introduce the District of Columbia Clemency Home Rule Act, which would give the District of Columbia exclusive authority, like the states and territories have, to grant clemency to offenders prosecuted under its local laws.

While District law appears to give the mayor authority to grant clemency (D.C. Code 1-301. 76), it has been the opinion of the Department of Justice (DOJ) that the president, and not the mayor, has the authority to grant clemency for most offenses prosecuted under D.C. law, particularly felonies prosecuted by the U.S. Attorney for D.C. in the D.C. Superior Court. Under current practice, clemency petitions for D.C. convictions, like federal convictions, are submitted to DOJ for the president's consideration.

Whether or not DOJ's view is correct, my bill would remove all doubt that the District, and not the president, has the authority to issue clemency for local offenses. The District, like the states and territories, should have full control of its local criminal justice system, the most basic responsibility of local government. Since the D.C. Council has the authority to enact local laws, District officials are in the best position to grant clemency for local law convictions. My bill would provide clemency authority to the District and would give D.C. the discretion to establish its own clemency system.

This bill is an important step in establishing further autonomy for the District. I urge my colleagues to support this bill.

BREAK IN TRANSCRIPT

Source