Will Alabama Governor grant commutations to those on death row as the result of judicial override?

Gov. Kay Ivey made sure Alabama abandoned the process — called judicial override — by signing a law on her first day in office in 2017. But the law applied only to new cases. It did not have any effect on those people sentenced to die under the practice prior to 2017, reported AL.com.

Now, nearly ten years later, Ivey could use her last days in office to move the remaining 25 people on death row to the actual sentences their juries wanted and voted for: life in prison without the possibility of parole.

“I hope the governor is using her last few months to think about how she can leave a legacy of criminal justice reform in this state,” said A’Niya Robinson, the director of policy and organizing for the ACLU of Alabama.

Ivey’s stance is unclear.

There is no doubt she leaves a mark on the criminal justice system in this state. Alabama is building a new mega prison in Elmore County, set to be finished this fall and costing well over a billion dollars. It will be named after her.

But her record is more complicated.

Ivey set a record among Alabama governors in the modern era by approving the most executions, 26. And Alabama was an innovator of execution methods under Ivey’s watch, performing the nation’s first execution by nitrogen in January 2024.

Yet, she stopped judicial override upon taking office. She ordered a halt to lethal injection executions for several months in 2022, after the Alabama Department of Corrections couldn’t get it right. While she resumed the practice, some were astonished she had even paused it at all.

And she has also spared the most people from execution among all modern governors, too. She commuted the sentences of two men slated to die, something that does not happen often in Alabama, earning sharp criticism from fellow Republicans in the Attorney General’s office. In one case, Ivey said she had too many questions about guilt to move forward with an execution. In the other, the governor said she couldn’t “proceed in good conscience” to approve the execution of a man who wasn’t the actual shooter in the case, while the shooter was serving a life sentence.

Ivey isn’t running again, and will leave the governor’s mansion in January when the state’s new governor, either Democrat Doug Jones or Republican Tommy Tuberville, is sworn in.

‘They didn’t need a jury’

One of the people whom a jury wished to live, but a judge sentenced to die, was Robin “Rocky” Myers.

Myers was on death row from 1994 until 2025, when Ivey commuted his sentence, sending him to life in prison instead of an execution chamber because she said she wasn’t sure he was guilty. Myers has always maintained his innocence in the killing of his Decatur neighbor.

Years after Myers was sent to death row, a juror began speaking out, too.

Mae Puckett told AL.com in 2023 that she didn’t know a judge could change the sentence that she and the other jurors handed down. To Puckett, a life sentence was a compromise: She and several other jurors had agreed, in a jury room stalemate, to convict the 30-year-old father if he could be sentenced to life.

“Those of us who thought he was innocent had very strong feelings about it... (but) we knew those guys weren’t going to change their mind,” she said. “We decided to vote him guilty… the best thing we thought we could do was spare his life.”

To find someone guilty of capital murder, all 12 jurors have to agree. The decision has to be unanimous. Then, if prosecutors are seeking the death penalty, there is a second hearing following the trial to decide if the person should be sent to death row.

After hearing the testimony, jurors go back to deliberate for the second time. But a death vote doesn’t have to be unanimous in Alabama.

A death sentence can be handed down only if 10 or more jurors vote for death. If the jury can’t reach that vote, they can consider a sentence of life without parole.

But prior to 2017, Alabama had a loophole. The jury’s sentence was, technically, just a recommendation. A judge could, for a litany of different and vague reasons, disregard the jury’s sentencing decision. While a judge could alternatively overturn a death vote and send a person to prison for life, it was almost always applied the other way.

That’s what happened in the Myers case.

Puckett said she had no idea the judge could change the outcome.

“I cried,” Puckett recalled. “It was a mix of anger and sympathy and remorse. I felt like I had just fed him to the wolves when we tried so hard not to do that.”

According to information gathered by the Equal Justice Initiative, Alabama judges changed a jury’s sentencing verdict 107 times from 1976 to 2011. And 98 of those changes increased the penalty from life to death.

Jeffery Lee is set to die by lethal injection later this month, even though that’s not what his jury voted for either. He was convicted of killing two people and injuring a third during a pawn shop robbery in Orrville in 1998. His jury, in a 7-5 vote, opted to send him to live out his days in prison.

One of the people who served on that jury wants Ivey to commute Lee’s sentence and send him to prison for life.

“I didn’t know that a judge could do that,” the juror said during a phone call with AL.com. “The system just did what it wanted to do, and it didn’t matter what the jury had decided.”

The woman, who didn’t want her name used for fear of retaliation, called the issue a systemic one and said she wants her verdict honored. “If the judge was going to make the final decision, why have a trial? That was a waste of time for everybody.”

“If it was a judge’s decision, they didn’t need a jury.”

Only in Alabama

The practice of judicial override had only been legal in a few states: Alabama, Delaware, Florida and Indiana. Indiana got rid of the practice in 2002. Delaware and Florida also abolished override and made it apply to older cases, and they never routinely executed people who were sentenced under the practice.

In 2017, Alabama was all alone. And in 2026, the state still is the only place carrying out executions that resulted from a judge’s single-handed decision, disregarding a jury verdict.

Starting in 2006, Alabama State Sen. Hank Sanders, D-Selma, introduced bills in the state legislature to outlaw the practice. They didn’t go anywhere.

“I had tried so many years because I felt that was extremely unfair,” Sanders told AL.com. “Because in effect, they were taking away the right to trial by jury.”

“There’s a unique unfairness about that.”

Eventually, Republican Sen. Dick Brewbaker took interest in the topic. Sanders said he was surprised, and glad, to have his support. Instead of co-sponsoring the bill with Brewbaker, Sanders dropped his name from the bill so it would have a better chance of passing under a Republican sponsor.

It worked.

The bill passed a vote of 78-19 and in April 2017, on her first day in the office, Ivey signed into law a ban on judicial override.

The law had a caveat: the ban on judicial override did not apply to those sentenced before 2017. Retroactivity wasn’t included in the bill, said Sanders, because it could have hurt the bill’s chances at passing.

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