High court rules regulation needed for lethal injection
FRANKFORT, Ky. — In a ruling that will indefinitely delay executions in Kentucky, the state Supreme Court ruled Wednesday that the procedure for putting an inmate to death by lethal injection must be spelled out in a state regulation.
The high court ruled that in certain instances — including the protocol for the death penalty — procedures adopted by a state agency in implementing a new law must be adopted as a regulation.
“This court cannot ignore the publication and public hearing requirements set forth in Kentucky statutes,” the majority opinion said.
It directed the Department of Corrections “to adopt as an administrative regulation all portions of the protocol implementing the lethal injection statute. ...”
Ed Monahan, the state’s public advocate, released a statement later Wednesday that said the ruling was another reason why his office believes it was inappropriate for Attorney General Jack Conway to ask Gov. Steve Beshear earlier this week to sign execution warrants for three death row inmates.
The Department of Corrections could not be reached for an immediate comment.
The process of establishing an administrative regulation begins with an agency writing and proposing the regulation.
The public is given time to comment, and ultimately the proposal goes before the legislature's Administrative Regulation Review Subcommittee, which either adopts or rejects it.
The 4-3 decision was written by Justice Lisabeth Hughes Abramson.
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