RESOLUTION CALLING FOR MORATORIUM ON IMPLEMENTATION OF THE DEATH PENALTY

WHEREAS the American Bar Association has adopted a resolution calling

for a moratorium on the implementation of the death penalty unless

certain steps have been taken, and an abolition of the execution of

mentally retarded persons and persons who are under the age of 18 at the

time of their offenses (see Appendix A); and

WHEREAS the following governmental entities and bar associations have

issued resolutions calling for a moratorium on executions in their

respective jurisdictions: Board of Aldermen of the Town of Carrboro,

North Carolina; Council of Town of Chapel Hill, North Carolina;

Charlottsville Albermarle Bar Association; City of Durham, North

Carolina; Illinois State Bar Association; Orange County, North Carolina;

Virginia College of Criminal Defense Attorneys, Inc.; Connecticut Bar

Association; Ohio State Bar Association, Pennsylvania Bar Association;

Chicago Council of Lawyers; Philadelphia Bar Association; and

WHEREAS the State of Illinois has suspended executions because several

people on death row in that state have been found to be actually

innocent of the crimes for which they have been convicted; and

WHEREAS there is currently a bill (AB1817) pending in the legislature to

abolish the death penalty of the State of New Jersey and substitute

therefore a term of life imprisonment for persons convicted of capital

offenses;

Be it RESOLVED that the New Jersey State Bar Association adopts the

death penalty moratorium resolution of the American Bar Association as

approved by the ABA House of Delegates on February 3, 1977 as follows:

RECOMMENDATION

RESOLVED, That the New Jersey State Bar Association calls upon the State

not to carry out the death penalty until the State implements policies

and procedures that are consistent with the following longstanding

American Bar Association policies intended to (1) ensure that death

penalty cases are administered fairly and impartially, in accordance

with due process, and (2) minimize the risk that innocent persons may be

executed:

(I) Implementing ABA "Guidelines for the Appointment and Performance of

Counsel in Death Penalty Cases" and ABA policies intended to encourage

competency of counsel in capital cases.

(II) Preserving, enhancing, and streamlining state and federal courts'

authority and responsibility to exercise independent judgment on the

merits of constitutional claims in state postconviction and federal

habeas corpus proceedings;

(III) Striving to eliminate discrimination in capital sentencing on the

basis of the race of either the victim or the defendant; and

(IV) Preventing execution of mentally retarded persons and persons who

were under the age of 18 at the time of their offenses.

FURTHER RESOLVED, That in adopting this recommendation, apart

supporting or opposing propose legislation, the Association takes no

position on the death penalty.