A new coalition, We The Jury, launched today urging Governor Kay Ivey to grant clemency to individuals on Alabama’s death row who were sentenced through judicial override, a practice the state deemed unconstitutional nearly a decade ago.
Formed by jurors, judges, attorneys, elected officials and community advocates, the coalition is focused on correcting a sentencing scheme Alabama rejected in 2017 when Gov. Ivey signed Senate Bill 16 abolishing judicial override. The law ensures a jury’s recommendation of life without parole cannot be overridden by a judge. However, because it was not applied retroactively, 25 individuals remain on death row due to this practice today.
The announcement follows recent clemency decisions by Gov. Ivey for Charles “Sonny” Burton and Robin “Rocky” Meyers — actions the coalition says should be applied consistently across all judicial override cases.
“Alabama has already acknowledged that judicial override is wrong,” said former Republican State Senator Dick Brewbaker. “Now the question is whether we are willing to fix it. You cannot say a practice is unconstitutional and continue to carry out sentences based on it. Clemency is the only way to level the playing field and ensure every case is treated with the same standard of justice.”
Judicial override allowed a single judge to impose a death sentence even when a jury determined life without parole was the appropriate punishment, undermining the constitutional right to a trial by jury. Alabama was the last state in the country to abolish the practice.
“Clemency is not a pardon,” added Brewbaker. “It does not erase the crime or undo the conviction. It simply ensures that sentencing reflects the jury’s decision and aligns with the law as it stands today.”
Francis Miles, who served as a juror on a judicial override case, said the practice contradicts the role jurors are asked to fulfill.
“We gave him a life sentence; it was a unanimous decision,” said Miles. “The judge overturned it after, come to find out, and it upset me deeply because I felt the jury’s whole purpose is to have them have a say… I believe when twelve honest people, jurors, come to a verdict the judge has no right to overturn what the people decided.”
We The Jury is calling on Gov. Ivey to grant clemency to all individuals sentenced to death through judicial override, ensuring Alabama’s justice system reflects constitutional standards, respects juries, and applies the law consistently. The coalition will engage in public education, advocacy, and outreach efforts to elevate the voices of jurors and raise awareness about the lasting impact of judicial override.
For more information about We The Jury or to get involved, visit https://wethejury-al.com/.
We The Jury is a growing coalition of jurors, judges, attorneys, elected officials, activists, and community advocates united around a shared belief in fairness and accountability within the justice system. We are advocating for Gov. Kay Ivey to grant clemency for individuals wrongfully sentenced to death through judicial override.