STATEMENT
The undersigned have on November 4 filed with the Kentucky Board
of Medical Licensure a request for a ruling on the ethics of Governor Ernie
Fletcher, a physician, signing a death warrant ordering the execution of
Thomas Bowling, in light of the Hippocratic Oath, the Code of Ethics
adopted by the Kentucky board of Medical Licensure, and KRS 311.565(h).
A copy of this request with supporting facts and discussion is attached.
Governor Fletcher on November 8 did sign a Death Warrant for
Thomas Bowling without mentioning the ethics issue. His General Counsel,
John Roach, stated however that the oath of a physician and Kentucky
Statute 311.565(h) do not apply because Governor/Doctor Fletcher in
ordering the execution of Thomas Bowling “is in no way participating in the
conduct of an execution.”
We respectfully disagree.
Mr. Roach further states that “Governor Fletcher’s role under the law
is consistent with the roles of judges fulfilling their legal duty and jurors
fulfilling obligations regardless of their professions.”
We accept this analogy, and we point out to Governor Fletcher that
Judges who are under a moral code in conflict with the law must recuse
themselves from sitting, and Jurors with the a similar conflict are not
accepted on death penalty juries.
We respectfully ask that Governor Fletcher reconsider his position.
Society can be fully protected by the commutation of Thomas Bowling's
sentence to life imprisonment without probation or parole, and in doing so,
Doctor Fletcher would be using executive powers granted him by the people
of Kentucky and so could fulfill his duty to the people and remain faithful to
his professional oath and code of ethics.
Rev. Kathy Costanzo Stuart Urbach, M.D.
Carl Wedekind, J.D. Steven Lippmann, M.D.
