State v. Wagstaff

I regret that I must dissent. I believe that even though parole has traditionally been an executive function, no constitutional doctrine prohibits the courts from exercising this responsibility. Indeed, parole, being quasi-judicial in nature, could be as much of a judicial function as probation is today. I find nothing in our constitution to prevent the legislature from conferring this responsibility upon the judiciary.

*4941. Does the Judiciary Have Statutory Authority to Grant Parole?

Statutes are presumed constitutional and the burden of proof is on the opponent of the statute to show it…