Lawmakers confirm Shapiro’s Board of Pardons nomination over objections
February 09, 2026
Pennsylvania Capital-Star: “State lawmakers have confirmed Gov. Josh Shapiro’s controversial nomination for the Board of Pardons over several objections, including that the pick has too frequently provided expert testimony that children can’t be rehabilitated.
John S. O’Brien II – whose term on the five-member board began upon confirmation and expires Nov. 30, 2031– denied the criticism during his testimony before the state Senate Judiciary Committee last week in response to questions from Sen. Rosemary Brown (R-Monroe, Wayne, Lackawanna).
In the cases flagged as the basis for concerns about his 40-year track record, O’Brien said he’s often declined to provide an opinion ‘with reasonable certainty’ due to factors at play supporting either finding.
‘No expert, no mental health expert, could provide such an opinion with reasonable certainty,” he said. “It sounds like a cop out, but it’s really the most direct way I can … [explain] that I am not an individual who can make that determination.’…
Some advocates immediately raised objections upon hearing who Shapiro had nominated because they’d long viewed O’Brien’s approach as “problematic”, according to Abolitionist Law Center Executive Director Saleem Holbrook.
‘This is someone who, unfortunately, their reputation preceded them,’ Holbrook told the Capital-Star after the legislature confirmed O’Brien. He noted the disappointment with the governor’s selection felt by him, colleagues’ and partners – including some crime victims and survivors. ”