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And with that, a committee meeting that had been amiable got heated. Rep. Paul Luebke, a Durham Democrat, remarked, "I've never see legislators running so fast to get away from an issue."

Sutton responded that he was not running from his responsibility.

That exchange prompted Rep. Rick Glazier, a Fayetteville Democrat, to say he respected both their viewpoints, but "today is not the day" to wade into this issue.

But even Glazier conceded, "I think it will ultimately come back here. I see no way around that."

Not everyone was disappointed with the legislature's inaction.

Peg Dorer, executive director of the N.C. Conference of District Attorneys, said the Council of State should have its say first. And Mark Kleinschmidt, who runs the Fair Trial Initiative, which trains lawyers to handle death-penalty cases, said he was pleased to hear lawmakers discuss the question of when it is appropriate for them to step into the debate.

That's not to say Kleinschmidt was pleased with the committee's progress Monday.

"I was disappointed that they weren't able to tackle more substantive issues," he said.

For now, tinkering

The committee recommended minor proposals but left more significant changes to the capital punishment system for future debate.

Lawmakers agreed to introduce bills to require law officers to turn over all their files to prosecutors and to require that officials of the State Bar, which disciplines lawyers, be notified if a defendant receives a new trial because of lawyer misconduct.

The committee also approved a proposal to allow defendants to appeal if they think they received a death sentence based on racial discrimination -- either in the prosecutor's decision to seek the death penalty or the jury's decision to impose a death sentence.

Committee members said a handful of other issues warrant further study.

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