Katie Hobbs secures legal win over Arizona executions

• Arizona’s Supreme Court ruled that state law does not compel Gov. Katie Hobbs to carry out an execution warrant.
• The court had set an April 6 execution date for Aaron Gunches, convicted in the 2002 killing of Ted Price, his girlfriend’s ex-husband.
• Hobbs said no executions would happen until Arizonans could be confident the state “is not violating the law in carrying out the gravest of penalties.”
• She ordered a review of death penalty protocols because of Arizona’s history of mismanaging executions.

In a legal victory for Democratic Governor Katie Hobbs, the Arizona Supreme Court has ruled that state law does not require her to carry out a scheduled execution.

The court had set an April 6 execution date for Aaron Gunches, who was sentenced to death for the 2002 killing of Ted Price, his girlfriend’s ex-husband, near Mesa.

In a ruling issued on Wednesday, the court noted its role under state law to “issue a warrant of execution that authorizes the director of the state department of corrections to carry out the execution.”

The law does not mandate that the governor act on the warrant, the order said.

The ruling denied a petition from Price’s sister Karen Price, who had asked the court to compel Hobbs to carry out the execution.

Newsweek has contacted Colleen Clase, an attorney representing Karen Price, via email for comment.

The state’s Republican former attorney general, Mark Brnovich, had asked the court for a warrant to execute Gunches during his final month in office.

His Democratic successor as attorney general, Kris Mayes, put executions on hold in the state after Hobbs ordered a review of its death penalty protocols because of a history of mismanaging executions.

Hobbs, Arizona’s first Democratic governor since 2009, said earlier in March that her administration would not carry out an execution “until the people of Arizona can have confidence that the state is not violating the law in carrying out the gravest of penalties.”

In February, the governor appointed retired U.S. Magistrate Judge David Duncan to examine the state’s procurement of lethal injection drugs and other death penalty protocols.

“Arizona has a history of mismanaged executions that have resulted in serious concerns about [the Arizona Department of Corrections, Rehabilitation & Reentry’s] execution protocols and lack of transparency,” Hobbs said in a statement.

“That changes now under my administration and Director [Ryan] Thornell. A comprehensive and independent review must be conducted to ensure these problems are not repeated in future executions. I’m more than confident that Judge Duncan has the expertise and ability to take on this crucial role.”

Lawyers for Hobbs have said the corrections department lacks staff with proper expertise and does not have a current contract for a pharmacist to compound the pentobarbital needed for an execution.

A leadership position critical to planning executions also remains unfilled.

Arizona executed three inmates last year. Clarence Dixon’s execution on May 11 was the state’s first after a pause of almost eight years, prompted by the botched 2014 execution of Joseph Wood and difficulties securing lethal drugs.

Last year the state faced criticism for taking too long to insert an IV for Dixon’s lethal injection and for denying the Arizona Republic’s request to witness an execution three separate times.

Arizona has 109 inmates on death row, according to the corrections department.

Newsweek has contacted Hobbs’ office for comment via email.