Executive Order RP41 - March 14, 2005

BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
March 14, 2005

WHEREAS, a primary duty of government is to provide for the safety of its people by swiftly apprehending, convicting, and punishing the guilty while exonerating the innocent through a criminal justice system that is fair, just, and worthy of public confidence in its reliability; and

WHEREAS, the vast majority of convictions are based upon current legal procedures that are sound and ensure that the people's safety is paramount and that justice and fairness are meted out; and

WHEREAS, justice, fairness, and public confidence in the criminal justice system are enhanced when the state continually assesses whether there are ways to improve the system; and

WHEREAS, technological advances in forensic sciences, including advancements in DNA testing, can improve the public's confidence in rightful convictions or the exclusion of a suspect or defendant in some crimes; and

WHEREAS, public confidence in the fairness and justice of convictions and sentences could be further enhanced by continually reviewing state laws to determine if criminal procedures allow the use of new technologies; and

WHEREAS, judicial decisions sometimes necessitate the review of existing laws to determine whether courts have the necessary and adequate authority in appellate and post-conviction legal proceedings to ensure that justice is carried out; and

WHEREAS, public confidence in public safety and the rightful conviction of the guilty could be heightened by an advisory body that will impartially appraise the Governor of developing major legal issues affecting our criminal justice system;

NOW, THEREFORE, I, Rick Perry, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas as the Chief Executive Officer, do hereby order the following:

1. Creation of Council. A Governor's Criminal Justice Advisory Council (the "Council") is hereby created to advise the Governor on matters related to adequacy of criminal justice procedures, from the investigation stage through the appellate and post-conviction legal process.


2. Composition and Terms. The Council shall consist of 9 members appointed by the Governor.
   
   The Governor will designate one member to serve as the chair.
   
   The Governor may fill any vacancy that may occur and may appoint other voting or ex officio, non-voting members as needed.
   
   Any state or local officers or employees appointed to serve on the Council shall do so in addition to the regular duties of their respective offices or positions.
   
   All appointees serve at the pleasure of the Governor.
   
   
3. Duties. The Council shall advise the Governor on:
   • Procedures that are needed to meet advances in technology including matters of investigation, forensic testing, and the related appellate and post-conviction legal process.
   • Methods of ensuring that both state and local law enforcement investigation procedures are accurate and available.
   • Processes which provide access to local and state investigators, prosecutors, courts, and defendants which provide for public safety and confidence in convictions.
   • Changes in law necessary to improve the criminal justice system.
   • Any other matters the Governor may designate.


4. Coordination. The Council, through its advisory efforts, shall coordinate with national, state and local entities.


5. Report. The Council shall report its findings in writing to the Governor, the Lieutenant Governor, and the Speaker of the House at least annually beginning January 1, 2006, or at such other times the Council determines necessary.


6. Meetings. Subject to the approval of the Governor, the Council shall meet in Austin, Texas, on such matters that the Governor approves. The Council will not take testimony but shall receive input from the following:
   • State law schools which have entities reviewing criminal convictions. These state law schools shall cooperate with the Council and provide written reports to the Council every six months beginning on September 15, 2005, identifying major issues that they determine have affected the system based on matters before them.
   • State and local law enforcement agencies which investigate crimes. These agencies, after their internal review of major issues, may submit written reports reflecting matters affecting the system.
   • Prosecutors and attorneys representing defendants. These attorneys may provide their unique perspectives on areas requiring improvement necessitated by judicial decisions, technological advances, and outmoded or outdated processes and procedures.


7. Administrative Support. The Office of the Governor and other appropriate state agencies shall provide administrative support for the Council.


8. Other Provisions. The Council shall adhere to guidelines and procedures prescribed by the Office of the Governor. All members of the Council shall serve without compensation. Necessary expenses may be reimbursed which such expenses are incurred in the direct performance of official duties of the Council.

This executive order supersedes all previous orders on this matter that are in conflict or inconsistent with its terms and this order shall remain in effect and in full force until modified, amended, rescinded, or superseded by me or by a succeeding Governor.

Given under my hand this the 14th day of March, 2005.

RICK PERRY
Governor

ATTESTED BY:
ROGER WILLIAMS
Secretary of State