Leigh Gwathney, Chair of the Board of Pardons and Paroles speaks during a hearing in Montgomery, Ala., on Wednesday, Feb. 8, 2023. Gov. Kay Ivey is expected to announce Gwathney's reappointment or the appointment of a new parole board member in the coming days. (Photo/Stew Milne for the Reflector)
Gov. Kay Ivey’s office said Wednesday it plans to name a member of the Alabama Board of Pardons and Paroles within the next few days, whether or not that’s Chair Leigh Gwathney.
“The governor is in receipt of the list of nominations. She is reviewing and will make a determination by the Monday deadline,” Gina Maiola, a spokesperson for the governor, said in a statement Wednesday.
Gwathney’s fate has become the subject of public contention, with the board’s falling level of parole grants and responsiveness to the Legislature at the center of the discussion.
In a letter released Tuesday, Alabama Attorney General Steve Marshall and several sheriffs and prosecutors praised Gwathney and urged Gov. Kay Ivey to reappoint her to another term amid concerns from civil rights groups about declining parole rates and attempts to flaunt oversight from the Legislature.
“Reappointing Leigh Gwathney is about more than leadership — it’s about protecting Alabama families from violent criminals and honoring the voices of victims who too often go unheard,” the letter said. “Ms. Gwathney has never lost sight of what’s at stake: the safety of our citizens and the dignity of those who have suffered at the hands of violent offenders.”
Ivey will choose from a list of candidates submitted by the lieutenant governor, the speaker of the Alabama House of Representatives and the Alabama Senate president pro tempore.
Marshall, as well as sheriffs, police chiefs and prosecutors, commended Gwathney’s commitment to public safety.
“More importantly, her willingness to continue to serve in the face of unprecedented and unwarranted criticism by the liberal media shows a level of courage, conviction, and dedication to the cause that is rarely seen in Montgomery,” Marshall said in the letter. “Ms. Gwathney has earned the trust and respect of law enforcement, prosecutors, and crime victims across our state, all of whom now have a stake in seeing her reappointed.”
Gwathney was appointed to the board in 2019 after the Legislature made a series of changes to parole laws following the 2017 release of Jimmy O’Neal Spencer. Spencer, who was misclassified in the system, was convicted and sentenced to death in 2022 of murdering three people during a series of robberies in 2018. The victims included a 7-year-old child. The Legislature enacted a law that set stricter rules and regulations for applicants to be granted parole, especially if they commit violent offenses.
Parole rates have plummeted under Gwathney’s tenure, going from more than 50% in 2017 to 8% in 2023 before increasing to about 26% in 2025.
Criminal justice advocates have criticized the parole board for declining parole rates and not adhering to parole guidelines. The guidelines, though not binding on the board, are meant to serve as a guide for the parole board to follow when making parole determinations.
Along with the declining parole rates, the conformance rate, the frequency with which the parole board follows the guidelines, has also declined to the point that members’ decisions align with the parole guidelines only about a quarter of the time.
At an October meeting of the Joint Prison Oversight Committee, Gwathney struggled to answer direct questions about the parole guidelines and the board’s apparent lack of conformance with them when determining parole.
Over the past year, several lawmakers proposed legislation aimed at reforming the parole board, even going as far as to make funding for the Alabama Board of Pardons and Paroles contingent on the members adopting updated parole guidelines as required by the law.
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Author: Ralph Chapoco