Lawyers representing death row inmates filed suit with the Florida Supreme Court on Wednesday in an attempt to invalidate parts of a law that Gov. Rick Scott signed two weeks ago that would speed executions.
The suit, filed by the public agency Capital Collateral Regional Counsel, called "The Timely Justice Act" a legislative overreach that takes away the judiciary's "efforts to shape, and authority to govern, the means and method of capital postconviction litigation." It named Attorney General Pam Bondi as the defendant.
The new law requires governors to sign death warrants 30 days after the Florida Supreme Court certifies that an inmate has exhausted all legal appeals. Once a death warrant is signed, the execution must take place within six months. The bill passed 84-34 in the House and 28-10 in the Senate. The new law will accelerate the fate of at least 13 of the 404 death row inmates who have exhausted their appeals. If Scott signs the death warrants on the 13 eligible inmates, and their executions followed, he would be on a pace to put to death 21 people since taking office in January 2011. The only other governor who executed that many people was former Gov. Jeb Bush, who ordered the execution of 21 convicted killers over an eight-year period.
The lawsuit challenges the constitutionality of the accelerated pace, calling it the result of an “abrupt whirlwind of political maneuvering." Scheduled to go into effect on Monday, the law would violate the Separation of Powers by requiring “constitutional officers of the judicial and executive branches” to take immediate actions because of the legislative action, according to the suit. It also claimed the law suspends the writ of habeas corpus, violates due process by interfering with judicial resolution of constitutional claims, and will result in cruel and unusual punishments “contrary to evolving standards of decency.”