On Thursday, the ACLU of Maine filed an amicus curiae brief with the U.S. Court of Appeals for the First Circuit in case revolving around technical legal questions with life-and-death consequences.  The brief was jointly filed by all of the ACLU offices in the First Circuit: the Rhode Island ACLU, the ACLU of Massachusetts, the ACLU of NH, and the ACLU National Chapter in Puerto Rico

At issue is the legal efforts of the Governor of Rhode Island, Lincoln Chafee, to avoid surrendering Jason Wayne Pleau to federal authorities, who might then seek to impose the federal death penalty against him.  Rhode Island, like Maine, has not had a state death penalty since the late 19th century, and Governor Chafee believes that it is contrary to his state's long-held policy that a prisoner be subject to execution.  Pleau is already serving a life-sentence without possibility of parole in Rhode Island.

The transfer of prisoners is governed by a federal law called the "Interstate Agreement on Detainer" or "IAD".  Last October, a majority of three-judge panel of the Court of Appeals ruled in support of Gov. Chafee's position, but in December, the court decided that the matter would be reheard before the entire court.

If the federal government is successful, it could essentially impose the death penalty on states such as ours that have long-recognized its inherent cruelty and unfairness.  The ACLU affiliate brief argues that the IAD authorizes a right of refusal by the governor of the sending state, and that this applies to transfers to the federal government as much as to another state.  The brief was prepared by ACLU volunteer attorneys at Foley Hoag LLP in Boston.  Oral arguments are scheduled for April 4.