Executions Set to Restart After Two-Year Hiatus

Arizona is set to resume executions, potentially as early as next year. Attorney General Kris Mayes announced this decision following Governor Katie Hobbs’ dismissal of David Duncan, a retired federal magistrate tasked with reviewing the state’s execution protocols.

Hobbs expressed a loss of confidence in Duncan, whose work, though incomplete, suggested controversial alternatives like using a firing squad—illegal under current Arizona law. Consequently, Duncan’s compensation will be capped at $36,000 for his efforts.

The governor’s decision also follows Ryan Thornell’s review of execution procedures, which aims to enhance training and documentation. Hobbs stated, “With these changes in place, ADCRR is prepared to conduct an execution that complies with legal requirements if an execution warrant is issued.”

Mayes plans to seek a warrant to execute Aaron Gunches within two weeks. Gunches, convicted of first-degree murder and kidnapping related to his girlfriend’s ex-husband’s death in 2002, has awaited execution since a previous warrant expired last year.

Currently, 25 out of 111 inmates on death row have exhausted their appeals. Arizona had only resumed executions last year after an eight-year hiatus, following incidents of botched procedures. Three inmates were executed in 2022 under former Attorney General Mark Brnovich.

As Hobbs initiated a review of execution practices, she emphasized the necessity of ensuring sound practices to avoid previous mishaps. “We just want to ensure the practices are sound and that we don’t end up with botched executions,” she noted.

Interestingly, Arizona law places the execution process in the hands of the attorney general, while the governor cannot unilaterally pardon or commute sentences without recommendations from the Board of Executive Clemency. Mayes has stressed the importance of conducting executions constitutionally, legally, and humanely.

The review conducted by Thornell included consultations with execution teams from other states, leading to several improvements. A new medical team, incorporating a phlebotomist, aims to address issues like IV placement difficulties, which have previously prolonged executions.

The report also emphasizes regulatory compliance in preparing lethal chemicals only after execution warrants are issued. This follows troubling past experiences, such as when imported drugs were seized by Customs and Border Protection due to legality concerns.

The recent decision to resume executions seems to quell ongoing legal debates regarding the authority to seek execution warrants. Pima County Attorney Laura Conover has raised questions about the equitable administration of the death penalty, highlighting instances where race and socioeconomic status appear to influence sentencing outcomes.

Despite the complexities surrounding the death penalty in Arizona, Mayes asserts the urgency for closure for victims’ families, remarking, “There are 25 families out there who have an expectation that the killer of their loved ones will be executed.”