Bid to speed executions’ pace backed

The state Supreme Court’s proposal to speed review of capital cases can be carried out without significant cost to taxpayers, but it’s only a first step toward easing the backlog on California’s death row, legal observers said Tuesday.

Chief Justice Ronald M. George called Monday for a constitutional amendment to shift the high court’s review of some death penalty cases to lower courts. George said spreading the workload could accelerate the appeals process, which can drag on for decades.

The state has the nation’s largest death row population, 667 inmates, but it takes an average of 17.2 years for them to reach execution, twice the time period nationally.

Most officials applauded George’s effort but said another problem, and one that would be far more expensive to fix, was a shortage of lawyers to represent death row inmates on appeal.

Seventy-nine lawyers at state-funded agencies are currently handling appeals and habeas corpus petitions for condemned prisoners, said State Public Defender Michael Hersek. Since 1997, staffing at the state public defender’s office, dedicated to death penalty appeals, has been reduced from 127 positions to 86.

About 90 condemned convicts are awaiting appointment of counsel, a process that takes four to six years, given the backlog on death row and lawyer staffing levels, Hersek said.

If the state can’t handle the work, private attorneys can take over, at a rate set by the Legislature at $140 an hour. Defense attorneys say the rate is too low -- less than what public defenders make in the federal system. Costs of the typical death penalty appeal are estimated at over $250,000.

Many prosecutors doubted that an increase would make much difference in the number of private lawyers willing to take on such work. But another lawyer said a raise -- perhaps 50% -- would be “helpful.”

“It might sound like a lot of money, but it really doesn’t cut it,” said the lawyer, who works for the judiciary and spoke on condition of anonymity. “These cases last forever; it’s a huge undertaking and can ruin your law practice. Many counsel are emotionally, professionally and financially shunning these cases.”

Hersek said that having the seven high court justices share review with the state’s 105 appellate judges would probably reduce the wait for execution. The state Supreme Court has 50 cases that are fully briefed and awaiting decision, he said.

“We need a comprehensive approach to the breakdown of our death penalty system,” Hersek said.

Gov. Arnold Schwarzenegger has scheduled “expedited review” of George’s plan.

“The governor agrees that death penalty appeals must be thorough, fair and reasonably prompt, and he looks forward to reviewing this proposal and ensuring that justice and the will of the people continues to be carried out,” said Schwarzenegger spokesman Bill Maile.

Federal appellate Judge Arthur L. Alarcon, who earlier this year proposed a similar shift to lower courts for death sentence review, pointed to the federal case of Oklahoma City bomber Timothy McVeigh as proof that executions can occur without such long waits.

“From the judgment of death until execution was approximately three years,” said Alarcon, of the U.S. 9th Circuit Court of Appeals. “That shows you it can be done.”

Local prosecutors who bring death penalty cases applauded the opening George created.

The plan would provide “a tremendous help in reducing the backlog,” said Colusa County Dist. Atty. John Poyner, head of the state prosecutors association. “That’s good for everyone except the person sitting on death row.”

Riverside County Dist. Atty. Rod Pacheco also called the plan “a great proposal.” He heads a statewide group of prosecutors that develops policy on the death penalty.

“It’s not a cure-all. It’s not a panacea,” said Ronald Matthias, special assistant to Atty. Gen. Jerry Brown, whose office represents the state in all death penalty appeals. “Yes, there are other problems that need to be addressed. But you have to start somewhere.”

john.spano@latimes.com