A majority of the Arkansas Supreme Court repeated Thursday its earlier opinion that the state’s Method of Execution Act does not allow the state prison system to keep secret the manufacturers of its lethal injection drugs.
A split majority of the high court made the same ruling last year in a public records lawsuit brought by Little Rock attorney Steven Shults, who wanted documents related to one of the three drugs used in the state’s execution protocol. Shults also sued to get access to documents surrounding another one of the drugs, and that separate case resulted in the justices reaching the same decision Thursday.
No executions are scheduled to take place in Arkansas, though one death row inmate has exhausted his appeals.
The Department of Correction lacks one of the drugs it needs to carry out executions. Prison officials have said lethal injection drugs are getting harder to acquire as the producers fear being publicly linked to executions — which is why the prison system fought to keep records surrounding the drugs secret.
"The identity of drug manufacturers is not protected," Justice Karen Baker wrote for the majority. "Because disclosure of information such as lot, batch, and-or control numbers could lead to the identification of the seller and-or supplier ... the ADC is required to redact and maintain this information as confidential."
Four of the court's seven justices listed ways in which they concurred and dissented.
The ruling means that Pulaski County Circuit Judge Wendell Griffen must hold a hearing to determine where to draw a line that guarantees the privacy of the middle men.
"We are thrilled that the Supreme Court recognized the right of Arkansans to critical information regarding the manufacturers of life-saving drugs that the state misuses for executions against the manufacturers' stated wishes," said Heather Zachary, a lawyer for Shults.
The Department of Correction declined to comment.
Read Friday's Arkansas Democrat-Gazette for full details.
Arkansas Democrat-Gazette reporter John Moritz and The Associated Press contributed to this story.