Pennsylvania Supreme Court denies petition to limit death penalty use

The Pennsylvania Supreme Court has rejected a ‘King’s Bench’ petition seeking to restrict the ability of Washington County District Attorney Jason Walsh to pursue capital punishment in homicide cases. The petition, filed in July 2025 by the Atlantic Center for Capital Representation, sought to use the court’s extraordinary jurisdiction to review Walsh’s pursuit of the death penalty since 2021.

The organization and defense attorneys alleged that Walsh used the threat of capital punishment to gain political capital and coerce plea agreements. The petition requested that the district attorney’s office be required to obtain approval from an out-of-county judge before seeking the death penalty. The legal challenge was filed on behalf of Jordan Clarke and Joshua George, both of whom were accused of killing their infant sons.

District Attorney Walsh described the filing as a ‘meritless, nonsensical, futile filing’ driven by ‘politically-motivated Philadelphia activists.’ Since taking office in August 2021, Walsh has sought the death penalty in 11 of the 18 homicide cases filed in his jurisdiction. At its peak in 2024, Washington County held 12 pending death penalty cases, representing more than one-quarter of all capital cases in Pennsylvania despite the county containing less than 2% of the state’s population.