NC Supremes Green Light Death Docs

The North Carolina Supreme Court ruled last week that the N.C. Medical Board does not have the authority to discipline doctors who participate in executions. The decision was 4-3, with Justices Hudson, Timmons-Goodson, and Parker dissenting.

The decision does not mean that executions will begin again immediately, but it is a signal that executions could resume in the months to come.

Background

In January of 2007, the Medical Board issued a position statement prohibiting licensed physicians from assisting with lethal injection. The Department of Correction sued, claiming that this action made it impossible for them to find a doctor to participate in executions, as required by statute. Eventually the case worked its way up to the North Carolina Supreme Court, where arguments were heard in November of 2008.

This lawsuit is separate from the Council of State litigation, which pertains not to the participation of doctors but to the actual procedure used in lethal injection.

The Decision

Writing for the majority, Justice Brady found that to allow the Medical Board to discipline its members for participating in executions would “elevate the created Medical Board over the creator General Assembly.” Furthermore, the Court found that participation in executions does not rise to the level of violating the Hippocratic Oath because doctors are required merely to “monitor the essential bodily functions of the condemned inmate and [] notify the Warden immediately upon his or her determination that the inmate shows signs of undue pain or suffering,” as opposed to personally administering the lethal drugs.

In her dissent, Justice Hudson found that the Medical Board had not exceeded its authority, and that if the Department of Correction wished to limit the Medical Board’s authority, the proper body to do so would be the legislature, not the courts.

What Happens Now

As mentioned above, the Medical Board lawsuit is distinct from the Council of State litigation, in which several inmates have challenged a change that was made to the lethal injection protocol without proper authorization. That case had stopped moving forward pending the resolution of the Medical Board matter. It is unclear when it will return to court. If the Council of State litigation fails, individual inmates will still have the opportunity to file their own claims. It is impossible to say exactly when executions will resume.

Additionally, there are two bills pending before the North Carolina General Assembly which will help address some of the fundamental problems with our capital punishment system. The first, the Racial Justice Act, would prohibit execution in cases where the death sentence was sought or obtained due to racial bias. The RJA is now before House Judiciary Committee I. You can contact committee chairwoman Deborah Ross or other members of the committee to voice your support for this bill.

The second bill would protect persons with severe mental disabilities, such as brain damage and paranoid schizophrenia, from execution in cases where their illness was a major factor underlying the crime. That bill is pending before Senate Judiciary Committee I, where you can contact Martin Nesbitt, among others.