Jan 12 (Reuters) - Mississippi's new Republican
governor backs tightening the rules on pardons after his
predecessor, one-time presidential hopeful Haley Barbour,
sparked controversy by granting clemency to more than 200
convicts in his final days in office.
Governor Phil Bryant, who served as Barbour's lieutenant
governor and who took office on Tuesday, would support a state
constitutional amendment to tweak the governor's clemency
powers, his spokesman said on Thursday.
"Governor Phil Bryant has asked Senator Michael Watson,
Chairman for the Senate Constitution Committee, to review the
current law as it regards to pardons, how it allows the governor
to make these type of decisions, and whether we need to address
the wording better in a constitutional amendment," spokesman
Mick Bullock said in a statement.
"The governor believes a constitutional amendment is the
right way to address such an important issue," Bullock said,
without elaborating further.
Barbour has been under fire since it became public early
this week that he had ordered the release of four convicted
murderers and an armed robber who had worked at the governor's
mansion. Then on Tuesday, his last day in office, he granted
clemency or suspended sentences to more than 200 other
convicts.
A day later, a Mississippi judge barred the state from
releasing any of the newly pardoned prisoners who remained in
jail, but not before the five had already been set free.
The judge acted hours after Mississippi Attorney General Jim
Hood had sought the injunction to prevent the early release of
clemency recipients.
The judge's order blocked the release of 21 inmates still
serving time when the clemency was announced and who remained
incarcerated. It also ordered the five who had been freed to
appear for a hearing later in January.
MOST OUT OF JAIL WHEN CLEMENCY ANNOUNCED
Barbour's office said only a minority of those convicts who
received clemency had remained behind bars at the time of the
move, and that 90 percent of them were no longer in prison when
the pardons were granted.
Barbour had said in a statement that the pardons were
intended to allow the inmates "to find gainful employment or
acquire professional licenses as well as hunt and vote," and
that his decisions were typically based on the recommendation of
the Parole Board.
But the pardons generated a firestorm of controversy about
how much power a governor should have to pardon criminals
convicted of serious crimes.
"No governor should have unfettered discretion and authority
to grant pardons," said former assistant U.S. Attorney General
Jimmy Gurule, now a law professor at Notre Dame.
"If it is determined that the pardons were granted
illegally, in violation of the state constitution, then they are
void, the sentences should be reinstated, and the convicts
rearrested."
One of those pardoned was the brother of former National
Football League quarterback Brett Favre. Earnest Scott Favre was
convicted in 1996 of driving while intoxicated after a vehicle
he was driving crashed and killed his best friend.
Also included were four men convicted of murder and another
convicted of armed robbery, all serving life sentences, who
worked at the governor's mansion cleaning vehicles, waiting
tables and performing other domestic duties.
(Reporting By Robbie Ward and Mary Slosson)
Follow us on Twitter: @ReutersLegal