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PHOENIX (AP) — The Arizona Supreme Court issued a warrant to execute a prisoner even though the state’s new Democratic attorney general tried to withdraw her Republican predecessor’s request to carry out the execution.
According to Gov. Hobbs, that warrant is procedural—authorizing the execution, but not requiring it. The Governor says she does not plan to carry out any executions "until the people of Arizona can have confidence that the State is not violating the law in carrying out the gravest of penalties," citing the state's "inadequate medical and mental healthcare and other critical, systemic problems."
"The Court’s decision order and warrant make clear, however, that the warrant authorizes an execution and does not require it," Hobbs responded in a statement. "This is consistent with the law and separation of powers between the judicial and executive branches on this most serious exercise of the power of the State."
The decision to schedule the execution of Aaron Gunches came six weeks after Attorney General Kris Mayes’ office said it wasn’t going to seek court orders to execute prisoners until a review ordered by Democratic Gov. Katie Hobbs of death penalty procedures is completed. The state has a history of mismanaging executions.
In an order issued Thursday, the state’s highest court said it must grant an execution warrant if certain appellate proceedings have concluded — and the court said those requirements were met in Gunches’ case.
The court said the review being conducted by the Hobbs administration “does not constitute good cause for refraining from issuing the warrant.”
Mayes’ office declined to comment on the Supreme Court’s order, and Hobbs’ office didn’t immediately respond to a request for comment on the decision.
While Hobbs didn’t declare a moratorium on the death penalty, Mayes’ office said she would not seek court orders to execute prisoners while the review is underway.
Gov. Hobbs' full statement is below:
"Yesterday, the Arizona Supreme Court issued a warrant of execution for Aaron Brian Gunches, despite the State withdrawing its motion and informing the Court that the State does not seek to carry out an execution at this time. The Court’s decision order and warrant make clear, however, that the warrant authorizes an execution and does not require it. This is consistent with the law and separation of powers between the judicial and executive branches on this most serious exercise of the power of the State.
Recent executions in Arizona have raised serious questions about the State’s execution protocols. We must ensure that any execution occurs in compliance with all state and federal laws and regulations before proceeding. To this end, I am appointing retired Judge David Duncan to conduct an independent review of Arizona’s execution protocol. Under my Administration, an execution will not occur until the people of Arizona can have confidence that the State is not violating the law in carrying out the gravest of penalties.
From day one, we’ve known that we inherited a deeply broken corrections system. Judge Roslyn Silver’s June 30, 2022 ruling found ADCRR in violation of the Constitution and detailed how the system is plagued with inadequate medical and mental healthcare and other critical, systemic problems that could be life or death issues for people in the Department’s custody if not properly addressed. And Judge Silver’s sweeping January 9, 2023 proposed injunction makes clear that just remedying those constitutional violations and simply bringing the system up to constitutional compliance will take a Herculean amount of time and resources, including significant additional staffing. I am grateful for Director Ryan Thornell’s leadership and diligent work towards fixing this system.
Being adequately staffed and prepared to carry out an execution is just one of many urgent and critical duties ADCRR faces concurrently. Getting the Department to that point will take time and my hope is, in that time, the Death Penalty Independent Review Commissioner will also be able to complete his analysis and recommendations, which ADCRR will work to implement.
Therefore, the State and ADCRR does not intend to proceed with an execution on April 6, 2023. Director Thornell will continue to build up ADCRR’s staffing and competencies to be able to conduct an execution in compliance with state and federal laws, and will balance that work with the work needed to solve the urgent medical, mental health, and other critical problems the Director has inherited from the prior administration.”
Arizona, which currently has 110 prisoners on death row, carried out three executions last year after a nearly eight-year hiatus that was brought on by criticism that a 2014 execution was botched and because of difficulties obtaining execution drugs.
Since resuming executions, the state has been criticized for taking too long to insert an IV for lethal injection into a condemned prisoner’s body in early May and for denying the Arizona Republic newspaper’s request to witness the last three executions. Gunches is scheduled to be executed on April 6 for his murder conviction in the 2002 killing of Ted Price, his girlfriend's ex-husband, in Maricopa County. Gunches, who isn't a lawyer, represented himself in November when he asked Supreme Court to issue his execution warrant so that justice could be served and the victims could get closure. In Republican Attorney General Mark Brnovich’s last month in office, his office asked the court for a warrant to execute Gunches.
But Gunches then withdrew his request in early January, and Mayes later asked for the execution warrant submitted during Brnovich’s tenure to be withdrawn.
RELATED: Lethal injection and Arizona's history of execution
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