A Dana Point lawyer has filed a civil lawsuit against Gov. Gavin Newsom accusing him of overstepping his authority with a 2019 executive order that created a moratorium on the state’s death penalty.
Jim Lacy, a longtime Republican activist, argues that Newsom did not have the power to halt the executions of the 700-plus inmates on California’s death row, or to withdraw the state’s lethal-injection protocol and dismantle the execution chamber at San Quentin State Prison.
“The case is largely about violation of process, about violation of the constitutional separation of powers,” Lacy said. “(The governor) does not have the power to erase the death penalty, he does not have the power to dismantle the death chamber.
“He does have the power to grant reprieves, pardons or commutations,” Lacy said, “but he does not have the power to do that across the board.”