Gov. Arnold Schwarzenegger and his lawyers have switched strategies in the legal battle to resume executions, agreeing to submit revised lethal injection protocols for public review rather than continue appealing state court decisions that the redrafted rules are illegal.
Although the move is intended to speed up a return of capital punishment, conservative law-and-order advocates and victims' rights groups expressed frustration over the persistent delays.
State officials predict the execution procedures could be approved by a state panel in six months to a year, clearing the way for a federal judge to lift a moratorium on executions.
San Quentin's death row, the nation's largest, houses 680 prisoners.
The state attorney general's office, on behalf of the corrections department, had been fighting a Marin County judge's ruling 14 months ago that the way the new procedures were drafted violated state law. The 1st District Court of Appeal upheld the Marin County judge in November, and the period for appeal to the California Supreme Court has expired.
"We took a look at the case, and our determination is that the most expeditious way for us to resume the will of the people and carry out capital punishment is to go through the Administrative Procedures Act process in spite of the fact that we disagree with the court rulings," said Seth Unger, spokesman for the California Department of Corrections and Rehabilitation.
The act requires that any policy changes affecting more than one institution submit to a 60-day period for public comment. It also requires review by an independent state agency.
Throughout the challenges, the governor and state lawyers have disputed the contention that the new rules needed to go through the paces of the Administrative Procedures Act because only one prison, San Quentin, carries out executions.
While complying with the Administrative Procedures Act for the sake of expediency, Unger said the corrections department was simultaneously asking the California high court to "depublish" the November appeals court decision on grounds that it was "wrongly decided." He said department lawyers were concerned that the ruling could create administrative havoc across the prison network.
Executions have been on hold for three years while the state, as well as the nation, probed concerns that the three-drug injection regime may have failed to render some condemned men unconscious before the fatal last dose, exposing them to unconstitutional pain and suffering.
