Pennsylvania Lawmakers Confirm Shapiro's Controversial Board of Pardons Nomination

Psychiatrist John S. O'Brien II's appointment raises concerns over his history of testimony against juvenile rehabilitation.

Published on Feb. 9, 2026

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State lawmakers in Pennsylvania have confirmed Governor Josh Shapiro's controversial nomination of John S. O'Brien II to the state's Board of Pardons, despite objections from several legislators and advocacy groups. O'Brien, a psychiatrist with a law degree, has a history of providing expert testimony that children cannot be rehabilitated, which has drawn criticism from lawmakers and criminal justice reform advocates.

Why it matters

The Board of Pardons plays a crucial role in the state's clemency process, and its members' views on issues like juvenile rehabilitation can have a significant impact on the outcomes of pardon applications. O'Brien's appointment has raised concerns that his past testimony could lead to a more punitive approach on the board, potentially hindering efforts to provide second chances and address systemic inequities in the criminal justice system.

The details

During his confirmation hearing, O'Brien defended his past testimony, stating that he often declined to provide an opinion "with reasonable certainty" on whether juveniles could be rehabilitated due to the complex factors involved. However, several lawmakers, including Sen. Nikil Saval, expressed concerns that O'Brien did not adequately address the scientific research on youth development and brain maturation. Additionally, the nomination process was criticized as being rushed, with all three votes happening on a single day.

  • On February 4, 2026, the state Senate Judiciary Committee voted 9-5 to approve O'Brien's nomination.
  • Later that same day, the Rules and Executive Nominations Committee voted 16-1 to approve the nomination.
  • The full state Senate then voted 38-10 to confirm O'Brien's appointment to the Board of Pardons.

The players

John S. O'Brien II

A psychiatrist with a law degree who has been nominated to serve on Pennsylvania's Board of Pardons. His past expert testimony that children cannot be rehabilitated has drawn criticism from lawmakers and advocates.

Governor Josh Shapiro

The governor of Pennsylvania who nominated O'Brien to the Board of Pardons.

Sen. Nikil Saval

A Democratic state senator who expressed concerns about O'Brien's views on juvenile rehabilitation during the confirmation hearing.

Sen. Amanda Cappelletti

A Democratic state senator who voted against O'Brien's nomination, citing concerns about his lack of experience with recidivism and complex mental health issues.

Saleem Holbrook

The executive director of the Abolitionist Law Center, who said that O'Brien's "reputation preceded him" and that his appointment was disappointing to advocates and partners, including some crime victims and survivors.

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What they’re saying

“In no instance did you refer to the science around youth development and brain development. The science around exposure to trauma and substances' … impact on brain development – and just more generally, about brain development for juveniles charged as adults – how would that impact your views on the potential rehabilitation capacity for people seeking commutation who committed their crimes as teenagers?”

— Sen. Nikil Saval, State Senator (Pennsylvania Capital-Star)

“This is someone who, unfortunately, their reputation preceded them. We're disappointed with the governor's selection, and I know my colleagues and partners – including some crime victims and survivors – are as well.”

— Saleem Holbrook, Executive Director, Abolitionist Law Center (Pennsylvania Capital-Star)

What’s next

The Board of Pardons, with O'Brien as a member, will continue to review clemency applications and make recommendations to the governor. Advocates have expressed hope that the legislature will revisit the board's unanimous vote requirement, which they believe has contributed to a backlog of applications.

The takeaway

O'Brien's appointment to the Board of Pardons has raised concerns among lawmakers and criminal justice reform advocates about the potential impact of his past testimony on juvenile rehabilitation. This case highlights the importance of board members' perspectives in shaping the state's clemency process and the ongoing debate around reforming the criminal justice system to better address the needs of young offenders.