Alabama Gov. Kay Ivey banned judicial override in 2017. Now, it’s time she finished the job: op-ed

This is a guest opinion column.

Governor Kay Ivey has a unique opportunity to secure her legacy by addressing a lingering relic of Alabama’s legal past. While she took the historic step of abolishing judicial override in 2017, the state still grapples with the fallout of that outdated practice. Now, as the June 11th execution date for Jeffrey Lee approaches, the Governor has the power to uphold the integrity of jury verdicts and distance the state from an unconstitutional sentencing mechanism.

A Legacy of Reform

On her first day in office in 2017, Governor Ivey signed legislation ending judicial override, making Alabama the final state to ban the practice of allowing a single judge to ignore a jury’s recommendation for life in prison and force a death sentence instead. As attorney MiAngel Cody points out, the practice has been widely criticized as unconstitutional because it effectively strips citizens of their voice, replacing the consensus of a jury with the singular view of an elected official. This erosion of the jury system stands in stark contrast to the democratic principles our nation holds dear.

The Case of Jeffrey Lee

Since 1976, more than 100 individuals were sentenced to death in Alabama at the sole discretion of a judge, with an staggering 91% of those overrides used to impose capital punishment. Jeffrey Lee remains on death row under this defunct system. His case was marred by an ineffective defense that failed to present critical mitigating evidence, including his history of mental illness, parental abuse, and childhood trauma. With only partial information, the judge bypassed the jury's life sentence recommendation. Approximately 26 people remain on death row today due to these overridden verdicts.

A Proven Path for Clemency

There is a precedent for change. In March 2025, Governor Ivey stepped in to commute the sentence of Robin “Rocky” Myers just two days before his scheduled execution. Myers was also a victim of a judicial override, and the Governor cited the necessity of respecting the jury's original verdict as her motivation for granting clemency. Advocates are now urging similar relief for Lee, who has spent over two decades serving as a mentor, leader in Christian ministry, and active father to his son while incarcerated at Holman Correctional Facility.

Restorative Justice Over Retribution

Commuting Lee’s sentence would ensure he faces the punishment initially handed down by his peers: life without the possibility of parole. We are not excusing his crimes, but rather asking the state to respect the jury’s decision and honor the Constitution. As a formerly incarcerated individual who received a second chance, I believe in the power of redemption and the importance of transformative justice. It is time for Alabama to move away from these traumatic practices and embrace a path that allows for accountability and humanity. I encourage readers to sign the petition for Lee's clemency and urge Governor Ivey to right this historical wrong.

David Garlock serves as Board Chair of The Uplift, an organization dedicated to empowering the lives and communities of those impacted by the criminal-legal system. A national public speaker and reentry expert, David began his journey in prison-reform and rehabilitation advocacy after he and his brother received a 25-year sentence in Alabama for taking the life of their abuser.