Judge rules by the book

Stephens said to be without agenda

RALEIGH -- Wake Senior Resident Superior Court Judge Donald W. Stephens made two New Year's resolutions: not to read mail from inmates and not to handle death penalty cases.

But Thursday, he might have had more effect on North Carolina's 167 death row inmates than he would have presiding over any single case. The judge who was first assigned the case recused himself, so Stephens ended up with it.

Stephens, 61, cited a 1909 law when he ordered two executions to be stayed while Gov. Mike Easley and the Council of State, composed of nine statewide elected officials, review how executions will be conducted. His order followed the N.C. Medical Board's Jan. 17 decision to forbid doctors from participating in executions. State law requires a physician at executions.

Those who know and face the judge in court say the former prosecutor's decisions are not based on a personal agenda. "He's one of those judges who constantly goes back and reads the statutes and the case law," said Colon Willoughby, Wake's district attorney.

Stephens was a military judge during his four years with the Marines. After that, he was an assistant district attorney in Durham and then a prosecutor with the Attorney General's Office before Gov. Jim Hunt made him a Superior Court judge in 1984. His identical twin, Ronald, is also a judge.

"It is not unusual for the defense to attempt to get these cases heard before judges who are favorably inclined -- that's not Judge [Donald] Stephens," said Bryan Collins, Wake's public defender. "For someone with his background to rule this way, I think everybody can be confident that he's made the right decision under the law."

The case will return to Stephens' court after the governor and Council of State act.