Arizona Supreme Court refuses to order its Gov to proceed with an execution … for now
As detailed in some recent prior posts (linked below), a local prosecutor and crime victims had sued the new Gov of Arizona after her pledge not to move forward with a scheduled execution. Late yesterday, the Arizona Supreme Court, for the time being, refused to order the execution to move forward. This local article, which includes a link to last night’s order from the Arizona court, provides this review:
Gov. Katie Hobbs is not compelled to carry out an execution warrant for death row prisoner Aaron Gunches, according to an order from the Arizona Supreme Court. The court, in a ruling issued Wednesday, says its role is to “issue a warrant of execution that authorizes the director of the state department of corrections to carry out the execution.”
But the law does not mandate the governor act on the warrant, the court said…. The court acknowledged that the Arizona Constitution provides that the governor “shall take care that the laws be faithfully executed,” and that the governor is obligated to protect victims’ rights to justice and due process, but it said those were “mixed questions of law and fact that are not properly before us.”
The court denied the petition, made by Karen Price, sister of the victim, to force the governor to enforce the warrant. Price, however, could advocate for execution on other grounds….
The Maricopa County Attorney’s Office responded to the decision with a statement. “With this ruling, the court recognizes that the Governor’s actions have constitutional implications, and the Governor has a duty to follow the law. We are assessing next steps to ensure the law is upheld and victims receive justice,” the statement said.
Prior recent related posts: