According to Merriam-Webster, clemency is defined as “a disposition to be merciful” and especially to moderate the severity of punishment. My journey through the criminal justice system has taught me the importance of mercy. On January 20, 2021, I received a full and unconditional presidential pardon — perhaps the highest sign of mercy in our criminal system.
My friends always ask me, “what does the pardon mean?” It turns out there are several answers to this question. The most important answer for me is the pardon opens a window to be of service: just as mercy has been shown to me, I have an opportunity to share mercy with others.
The more I learn about criminal justice reform, the more I see the devil in the details.
The more I learn about criminal justice reform, the more I see the devil in the details. Many discussions about criminal justice quickly devolve into questions about data collection, budget pressures, politics and insurmountable bureaucracies. Eyes glaze over quickly on yet another zoom call. For advocates, these pressures can be formidable and overwhelming.
But for individuals affected by the system, the impacts are stark and profound. Recently I interviewed a man whose driver’s license is suspended due to an intimidating wall of unpaid fines and fees. “How can they expect me to turn my life around, when I can’t afford to pay these bills, and now I can’t get back my driver’s license?” The vast majority of his fines were earned for missed court appearances while he was incarcerated!
For this gentleman, like so many others, there is no place to turn for relief. There is no single point of contact or central system to help solve his problem. Because his fines were earned in several counties, he must negotiate payment plans with each county court clerk’s office where his tickets were issued, or more likely, with the private debt collection firms who purchased his debt. For a guy earning $10 per hour working the 6:00 am shift in a cement factory, this obstacle can seem impossible.
But if anyone can navigate the criminal justice system successfully, it should be me. After all, I am a lawyer, well educated, with access to resources and support. I was lucky enough to receive a presidential pardon. But it turns out the pardon does not restore my civil rights in Florida. Rather, given the unique interaction between Florida and federal law, I must navigate Florida’s clemency process. Only then will it be determined whether I merit full restoration of my civil rights — such as the right to serve on juries, the right to hold public office, the right to bear firearms, or even the right for something as simple as serving on a condominium board.
On March 10, 2021, Governor DeSantis announced a package of reforms to streamline Florida’s clemency process. For people like me, there is now an expedited procedure that eliminates the historic 8-year or 10-year waiting period before a felon can apply to have his civil rights restored. The restoration of my civil rights should now be easier.
In a column published on March 11, 2021 in the South Florida Sun Sentinel, Desmond Meade and Neil Volz, the co-heads of the Florida Rights Restoration Coalition, wrote that this package of reforms was “a big deal,” and the product of years of growing influence by returning citizens (people with past convictions) in applying pressure on government to act.
But the next question is does it work? Over the coming months, I will be pursuing a Florida clemency application and seeking full restoration of my civil rights. I look forward to reporting on how the process unfolds. Hopefully, my experience will be expedited as promised, but I won’t be surprised if it turns out that the devil is in the details. Stay tuned.
