Judge to decide whether to dismiss lawsuit over execution doctors
Thursday, August 30th, 2007
By Chris Fitzsimon
By MARGARET LILLARD Associated Press Writer Wednesday, August 29, 2007
RALEIGH, N.C. - Lawyers for the North Carolina Medical Board asked a judge Wednesday to dismiss a state lawsuit that seeks to strip the board of its ability to discipline doctors who take part in executions.
Wake County Superior Court Judge Donald Stephens said he hoped to issue a ruling by the end of next week, but hinted he was inclined to let the lawsuit go forward.
"I think this case is ripe for adjudication, frankly," he said, noting that it raises legal questions that should be resolved for the benefit of the state Department of Correction and other parties.
The board, which controls doctors’ medical licenses in North Carolina, threatened in January to punish any doctor who takes an active role in an execution. But state law requires that a doctor be present during a lethal injection.
The state sued the board, saying its actions left doctors afraid they would lose their medical license if they attend an execution. That lawsuit, along with a morass of other related disputes, has effectively shut down North Carolina’s death penalty.
The lawsuit, filed in March, tries to remove the medical board from the dispute by claiming executions are not medical procedures and therefore don’t fall under the panel’s jurisdiction. (more…)
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