April 16, 2008

Governor Martin O’Malley
100 State Circle
Annapolis, MD 21401

Dear Governor O’Malley:

On the occasion of your inauguration as Governor of the State of Maryland, you were required, per the Maryland Constitution, to take an oath of office. That oath includes the phrase “…I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of Governor, according to the Constitution and Laws of this State…”

Article II, section 9 of the Maryland Constitution describes the duty of the Governor to “take care that the Laws are faithfully executed.”

The Maryland Declaration of Rights, in Article 9, states “That no power of suspending Laws or the execution of Laws, unless by, or derived from the Legislature, ought to be exercised, or allowed.”

The Maryland General Assembly passed a statute regarding the use of capital punishment in Maryland, which was enacted into law in accordance with the Maryland Constitution. In refusing to issue regulations regarding the use of the death penalty in Maryland, we contend that you have engaged in a de facto suspension of the law, and a deliberate omission of your duty to your oath of office and the people of Maryland. Only Maryland’s legislature can suspend such a law in accordance with our Constitution.

We have brought this matter to your attention in a letter hand-delivered to your office October 1, 2007. After receiving no response to the letter outlining these concerns, we issued a public call for action on March 13 of this year, which again brought no response from your office. We have also sent multiple letters over the past six months to the presiding officers of the General Assembly pointing out this problem.

As the United States Supreme Court has today issued a ruling in the matter of Baze v. Rees, there is no longer an outstanding question regarding the constitutionality of lethal injection as a method of administering capital punishment. The issuance of regulations regarding the use of capital punishment in Maryland is therefore, in order immediately.

And we now take this opportunity to remind you once again of your obligation to issue said regulations.

It is our assertion that your continued refusal to issue regulations regarding the implementation of the death penalty in accordance with Maryland law is evidence of a deliberate violation of your oath-bound obligations and duties as Governor. Our government is founded on the principle of a legislature that creates law, a judiciary that interprets law, and an executive that enforces law. Your reluctance to enforce the law of Maryland in accordance with the will of the legislature and the interpretation of the judiciary is directly contrary to that principle.

We hereby respectfully call upon you to immediately take steps to satisfy your obligation to duty and oath and issue the required regulations with regard to faithfully executing Maryland’s death penalty statute.