Summary
California Supreme Court case in which the State Public Defender and several organizations challenge the validity of the California death penalty. After the court asked for briefing regarding standing and necessary parties, CJLF filed a friend of the court brief to address these issues. Our brief argues that none of the petitioners have individual or organizational standing because none of them face a death sentence or have any members facing a death sentence. Public interest standing should not apply here, given that the individuals who do have standing have attorneys provided at public expense and can make the challenge themselves. In addition, given the importance of the issue and the extensive fact-finding required, the case should include an opponent who actually supports capital punishment. The named respondent is the present Attorney General, who is an opponent of the death penalty. If he is the only respondent, then collusive litigation in which he abolishes the death penalty by "taking a dive" with an inadequate defense is a real danger. The case is presently on hold pending the Supreme Court's disposition of another case on standing.
