Virginia Governor Terry McAuliffe’s controversial executive order restoring rights to nonviolent felons may be having some unintended consequences in the court system.
Much of the attention on the governor’s executive order has focused on the right to vote. But another right that’s restored is the right to serve on a jury. That’s already prompted two criminal defense attorneys to make inquiries about whether any potential jurors have criminal records, possibly adding former felons to juries because they might be more sympathetic.
Carl Tobias at the University of Richmond law school says McAuliffe is on solid legal ground. "I think that it’s unclear. But the Constitution from my perspective gives the governor pretty broad, almost plenary power, in this area."
But Republicans are challenging the executive order in court. And Virginia legal expert Rich Kelsey says the governor doesn’t have the power to take this kind of action without making a determination on a case by case basis.
“I don’t see where the governor has the right to make a blanket order for this number of individuals, and it’s my prediction that ultimately this executive order will fail."
The state Supreme Court is set to take up the issue in a special session July 17th.
