A Great Decision?

Judge Nelson in Ramsey County has made a wise decision in calling into question the State law governing pardons. The decision to set up a three-person pardon board without indicating whether a unanimous or majority vote is required to grant clemency has caused some confusion, and it seems that one member of the board is frequently using their veto power to block pardons and commutations.

Chief Justice Gildea has been that member, but she has now withdrawn from the board until the matter is resolved “in the courts.” This move has been criticized by some as an attempt to keep power and control over the pardon process, rather than allowing a fair and just system to prevail.

The issue of pardons and commutations is an important one, as it can mean the difference between someone serving out their full sentence or being released early. It can also have an impact on their future, as a criminal record can make it difficult to find work or housing. Therefore, it is crucial that the pardon board is fair and impartial in its decision-making.

Judge Nelson’s decision to question the State law governing pardons is a positive step towards ensuring that the process is fair and just. If nobody appeals his decision, it will become state law, and this could go a long way towards addressing the current imbalance of power on the pardon board.

However, it is important to note that the Attorney General and the Governor have the power to appeal this decision. While it is hoped that they will allow the decision to stand, there is always the possibility that they will challenge it, which could delay progress and keep the current imbalance of power in place.

It is essential that the pardon board operates in a fair and impartial manner. Allowing one member to wield veto power undermines the entire process and can lead to unjust outcomes. If Chief Justice Gildea refuses to recuse herself from the board, it may be necessary for her to step down from her role as Chief Justice, in order to maintain the integrity of the legal system in Minnesota.

Ultimately, the goal should be to ensure that the pardon board is fair, impartial, and just. It should not be a tool for those in power to maintain control, but rather a means of correcting injustices and providing mercy to those in need. By addressing the issue of veto power on the board, Minnesota can take a step towards achieving this goal.