Ivey asks Alabama Supreme Court to change rule affecting execution protocol

MONTGOMERY, Ala. (WSFA) - Gov. Kay Ivey is asking the Alabama Supreme Court to amend court rules to change the state’s execution protocols. The change would extend the amount of time given for an execution to be carried out and improve the administration of capital punishment in Alabama, Ivey’s office said.

In a letter to the Alabama Supreme Court Monday, Ivey detailed the ongoing issue with the state’s execution process.

“As you may be aware, our state has been unable to complete two recent executions. For that reason, on Nov. 21, 2022, Corrections Commissioner John Hamm and I announced that we would be undertaking a “top-to-bottom” review of the state’s execution process to ensure that the state can successfully deliver justice going forward,” the letter stated.

At least two recent executions had to be called off at midnight, as the rules dictate, because of either late legal challenges or the inability to properly administer IV lines. Ivey added that the department’s most significant problem is the longstanding court rule which limits the execution warrant to a single “execution date”- a single 24-hour period.

“In several recent executions, last-minute gamesmanship by death row inmates and their lawyers has consumed a lot of valuable time, preventing the department from carrying out its execution protocol between the conclusion of all legal challenges in the federal courts and the expiration of the death warrant issued by your court,” Ivey continued.

Ivey had already ordered a review of the state’s execution process and said Hamm agreed with the proposed change.

“Ultimately, I trust your judgment as to the specifics of the amendment. My only request is that you move as expeditiously as prudent, given the importance of this rule change to the administration of justice in our state. Every day that goes by without this important amendment is another day that a capital murder victim’s family must wait to obtain justice,” Ivey added.

The current language of the Alabama Rule of Appellate Procedure reads:

The proposed new language (shown here in bold):

“When pronouncing a sentence of death, the trial court shall not set an execution date, but it may make such orders concerning the transfer of the inmate to the prison system as are necessary and proper. The supreme court shall at the appropriate time enter an order fixing a date of execution, not less than 30 days from the date of the order, and it may make other appropriate orders upon disposition of the appeal or other review. The supreme court order fixing the execution date shall constitute the execution warrant. If the date designated in the execution warrant passes by reason of a stay of execution, or due to a delay in the execution process caused by a stay of execution. In that case, a new date shall be designated promptly by the Commissioner of Corrections.”

Attorney General Steve Marshall provided an update a week ago on the status of executions following a halt issued by Ivey in November. Marshall said, at the time, he had not spoken to the governor directly but intended to have a conversation with her. He added that the department would not seek an execution date unless it were confident that it would be carried out.

The last completed execution in the state occurred in July, but only after a three-hour delay caused by the same issues seen in the most recent failed attempt.

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