A judge says he'll make a decision next week that could have a major impact on executions in North Carolina. The same judge put a stop to executions in January.
RALEIGH -- A judge says he'll make a decision next week that could have a major impact on executions in North Carolina.
The same judge put a stop to executions in January. The state and Medical Board are fighting what role a doctor should have in the death penalty.
Last year, a federal judge ruled a doctor must monitor inmates to make sure they don't suffer during an execution. This January, however, the State Medical Board ruled any doctor that takes part in an execution could lose his license.
"We have a moratorium in North Carolina, and it's a moratorium based on threats," said Tom Pittman, the special Deputy Attorney General.
State law requires a doctor to be present but does not specify any other role, but doctors refused to take part once the Medical Board passed the new rule.
"The position of the Board is the doctor is not there to perform any medical function?" aked Judge Donald Stephens.
"That's right," answered Todd Brosius, an attorney for the Medical Board.
"No medical assessment of the inmate. He cannot assess the inmate?" Judge Stephens continued to ask.
"That would be a violation of the ethics code and it's not required by statute," replied Brosius.
"The concept boggles my mind that that physician should not examine the inmate to determine whether the inmate is dead at the end of an execution," Judge Stephens said.
The state argues a doctor monitoring a patient is not a medical procedure.
"In the brief they said it doesn't really matter," Pittman added. "Doesn't matter that if it's a medical procedure we have ultimate authority over your livelihood, your license, we'll take it if we want to."
"If the legislature says the Board can't discipline a doctor for that then so be it," Brosius added. "That's the legislature and the will of the people but it hasn't yet [happened]."
The judge must now decide if the Board has the right to discipline a doctor for monitoring inmates. If he rules for the state it could pave the path to resume executions.
Judge Stephens says he wants written proposals by attorneys next Tuesday and he hopes to have a decision in the case by the end of next week.