Updated 4:03 p.m.
The N.C. Attorney general’s office said Thursday it will ask the N.C. Supreme Court to hear an appeal of a lower court decision earlier this week that said Davidson College’s campus police cannot enforce state laws because Davidson is a religious institution. The attorney general’s office also plans to ask the Supreme Court for a stay – an order delaying enforcement of the ruling.

A spokeswoman for the attorney general’s office told DavidsonNews.net the office plans to ask the Supreme Court for a stay and to agree to hear an appeal. An appeal of Tuesday’s ruling is not automatic.

On Tuesday, the N.C. Court of Appeals ruled unanimously against the college in a case known as North Carolina v. Yencer. The appeals court cited precedents involving two other colleges as well as the First Amendment to the U.S. Constitution. The ruling also said the N.C. Attorney General’s office erred in certifying the department for law enforcement because of its religious affiliation.

The case stemmed from a January 2006 traffic stop by a campus police officer on a road near campus. The defendant, who was charged with driving while intoxicated and reckless driving, initially pleaded guilty. But in August 2008, she filed an appeal, arguing that campus police lacked the authority to arrest her.

QUESTIONS ABOUT POWERS

This week’s ruling, and questions about the authority of Davidson’s campus police, came as the college was preparing to welcome back students for Monday’s start of classes.

So can Davidson College police officers stop suspects and make arrests? On Wednesday, a college spokeswoman said state officials had assured the college the ruling would have no immediate effect on the department.

In a statement Thursday, the college said:

Over the past two days, the college has been talking with the Attorney General’s office about opportunities to review the decision. On Thursday afternoon, Aug. 19, the Attorney General’s Office informed us that they plan to ask the North Carolina Supreme Court to stay the effect of the Court of Appeals decision in this case and agree to seek review of it. We support this decision by the Attorney General and will cooperate with his office as appropriate.

Our Police Department continues to operate to ensure that our campus is safe and secure for our students and for the rest of our community.

Davidson currently has 8 permanent full-time officers, as well as 17 temporary officers on call for big events. It has had responsibility for on-campus security since 1978, when the town of Davidson and college stopped sharing a police department, Davidson spokeswoman Stacey Schmeidel said Thursday.

All of Davidson’s officers are commissioned by the state Attorney General. But the court said the attorney general erred in certifying the campus police, because Davidson is a religious school, at least as defined in previous court rulings.

Davidson is affiliated with the Presbyterian Church of the USA, and half its 44 trustees are confirmed by presbyteries, though appointed by the college. But it does not educate clergy or impose religious requirements on students or faculty.

While the ruling was unanimous, the court appeared to leave the door open for an appeal. At the end of its ruling, the court said: “There is evidence on the record to show that Davidson College is not a religious institution” as defined in the law. The court said it would urge the Supreme Court to review the case.

PREVIOUS COVERAGE

Aug. 17, 2010, “Appeals court rules against college in police case.”

CORRECTION: The original version of this article reported incorrectedly that Davidson College planned an appeal. The N.C. Attorney General’s office would file an appeal.

CLARIFICATION: This story was updated 8/28/10 to clarify that Davidson College appoints trustees. Some are confirmed – not appointed – by presbyteries.