Calls for Independent Review of Arizona’s Execution Process Amid Controversy
In Arizona, a coalition of diverse political groups is urging Governor Katie Hobbs to fulfill her promise of an independent evaluation of the state’s execution procedures. This call comes in the wake of Hobbs’ 2023 executive order halting executions for a comprehensive review, triggered by past execution mishaps, notably a botched execution in 2014.
The state initially appointed retired federal judge David Duncan to lead this review, but he was dismissed by Hobbs last month. In a letter dated November 26, Hobbs expressed her loss of confidence in Duncan’s ability to deliver a report that aligned with the goals of her executive order, citing his deviation from the intended scope of work.
Amidst this upheaval, Arizona Attorney General Kris Mayes has taken steps to seek authorization for the state’s first execution since 2022, as reported by KJZZ.
Several organizations, including the ACLU of Arizona and the Libertarian Policy Institute, have voiced concerns that Hobbs terminated Duncan’s investigation due to disagreement with his findings. According to a draft outline shared by the governor’s office, Duncan concluded that “lethal injection is not a viable method of execution in actual practice.”
Jared Keenan, legal director for the ACLU of Arizona, criticized Hobbs’ shift in stance, noting, “Now, two years later, executions in Arizona can still not be carried out humanely, yet the governor nonetheless is doing a 180 and is now vowing to once again carry out executions in the state.”
Accusations of political maneuvering have surfaced, with critics suggesting that Hobbs and Mayes are positioning themselves for reelection. In defense, Hobbs explained her decision to end Duncan’s review, pointing out that his recommendations, such as considering firing squads, extended beyond his remit and were unconstitutional. Duncan’s draft mentioned firing squads as a possible alternative to the problematic lethal injection method.
Nicholas Cote from Conservatives Concerned emphasized the need for transparency in government spending, including the death penalty. “That’s true for road maintenance and school construction, and it should be true for the death penalty, an irreversible expression of government power,” Cote stated.
Despite the controversy, Hobbs stands by an internal review conducted by Department of Corrections Director Ryan Thornell. She stated, “They have thoroughly gone through every procedure and process and updated them. And I’m confident in the process.”
Nonetheless, the draft report by Duncan has highlighted discord within the Democratic Party. Representative Patty Contreras introduced legislation to propose abolishing the death penalty, expressing disappointment that Duncan’s study was not completed.
The groups advocating for the independent review assert that if flaws in the system exist, they must be addressed before proceeding with executions. Nicholas Sarwark of the Libertarian Policy Institute questioned, “How can Arizonans hold their elected officials accountable if they’re prevented from knowing?”
Both Hobbs and Mayes maintain that the death penalty remains a legal mandate in Arizona, with Mayes affirming, “I am comfortable with requesting an execution warrant from the Supreme Court. I believe that the Department of Corrections is prepared, is ready to move forward.”
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