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Slavery is banned everywhere in America except the prison system. The 13th amendment states, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States.”
Gov. Phil Murphy referenced that very amendment as he announced a new clemency plan aimed at a system which communities of color often call a vestige of slavery’s ills.
“Our nation’s journey towards racial justice has proceeded in fits and starts,” Murphy said in a crowded St. James Newark AME Church during a Juneteenth gathering, celebrating the post-Confederate emancipation of Black Americans.
“Over the course of the 20th century, Black and brown Americans won victories in the fight for civil rights — like the right to vote,” he said. “But, at the same time we also witnessed the emergence of new systems of oppression. One of the most glaring among them — mass incarceration.”
Under Murphy’s plan, the state will launch a new clemency program allowing young and nonviolent offenders, along with domestic violence victims and others, to apply to for permission to leave prison early.
Survivors of sexual assault who defended themselves, people convicted on charges that were no longer crimes and those who received longer sentences because they rejected a plea deal, would be the focus on many of the pardons, Murphy said.
Philadelphia-born rapper Meek Mill , who lives with his family in South Jersey, praised Murphy’s move, discussing his own struggles within criminal justice system.
Mill is also co-chair of REFORM Alliance, an organization he co-founded for criminal justice reform in 2019 that helped advocate for Murphy’s clemency executive order.
“This is an entirely new approach to clemency that is going to cut red tape and restore hope, dignity, and opportunity for people unjustly trapped in the system,” he said.
In office since 2018, Murphy has yet to grant a pardon petition.
Clemency is a special power granted to the governor, who can issue pardons for those convicted under state law. It’s a provision past governors have used both to correct injustices and help out their friends.
Now, Murphy is staking his legacy on a task force he hopes to outlast him in a process he has described as too political.
“It’s usually very specific to an individual,” Murphy said of the pardon process, during an interview after his speech.
“In many cases it’s because the individual has a relationship with the chief executive.”
Former Gov. Chris Christie, for example, pardoned former opioid addicts who turned their mistakes into lives of service — as well as a few campaign donors who ran into trouble.
While Murphy did not immediately announce pardons, he said he expects to sign pardons referred by the board before the end of his term.
Rev. Ronald Slaughter, senior pastor at the church and vice chair of the state Parole Board, called the announcement ”historic and transformational.”
“Making an announcement of this magnitude in a Black Methodist church on Juneteenth is especially significant.”
Lt. Gov. Tahesha Way said the new program was a way for New Jersey to right wrongs in a system that had fallen short.
“In the spirit of Juneteenth, today we take another step forward in the ongoing struggle for racial justice in America,” she said. “Too many people have been failed by our criminal justice system. The signing of this Executive Order provides second chances for our society and those who receive clemency.”
Political insiders often say Trenton task forces and advisory boards are places where “good ideas go to die,” but Murphy said his clemency board will have real authority.
Amol Sinha, head of the New Jersey chapter of the ACLU, said the governor was “setting the intention for the future.”
“He’s got 18 months left in office and he’s got ample amount of time to have massive de-carcerative impact,” Sinha said.
“Governors are not gods,” Sinha joked, looking at Murphy during his remarks at the event. The ACLU was a key player in the clemency initiative, despite tensions between the group and Murphy, including the governor’s signing unpopular legislation weakening public records laws.
“But the constitutional power of clemency is rooted in that tradition of mercy for individuals,” Sinha said.
Murphy’s move also comes as the state struggles with automatic expungements of cannabis related offenses; A provision that was signed into the 2021 law legalizing cannabis.
Murphy indicated that the clemency system wouldn’t be capable of automatic pardons due to the same technical restrictions that held the cannabis charges back.
Instead, he said, people would have to apply for the pardons, but that he hoped one day the state could get the technical competency to automatically do so.
The state was sued for a backlog of expungements by its Office of Public Defender, who claimed authorities were not processing them in a timely manner. A Murphy aide said after the event the case was now in mediation.
“As public defenders, we understand all too well the way in which excessive sentences have devastated families and disparately impacted our most vulnerable communities,” said Public Defender Jennifer Sellitti.
“This initiative stands as a beacon of hope for those affected, empowering them to rebuild their lives and achieve brighter futures,” she said.
The six-person clemency board will be chaired by Justin Dews, a counsel at high-powered law firm King & Spalding. The firm, which has deep ties in D.C and New York, often handles cases involving financial regulation and high profile congressional investigations.
Prior to that, Dews served as Associate Counsel in the White House Counsel’s Office and was a Senior Counsel for Murphy.
“Clemency is official forgiveness, and just like the forgiveness we experience in our own lives, clemency is a transformational act,” Dews said.
“It restores rights and reopens opportunities.”
Applications for the clemency program can be found here.
Jelani Gibson is a cannabis and politics reporter for NJ.com. He can be reached at jgibson@njadvancemedia.com. Follow him on X @jelanigibson1 and on LinkedIn.