PHOENIX — Governor Katie Hobbs has issued an Executive Order to improve oversight and transparency when it comes to Arizona's death penalty process.
On Friday, January 20, the governor announced her plan as part of her first 100 days initiative.
VIDEO: Governor Katie Hobbs holds news conference after announcing new death penalty process in Arizona.
Hobbs, alongside Attorney General Kris Mayes, announced the plan which establishes a Death Penalty Independent Review Commissioner.
RELATED: Pushing ADCRR for details on the execution process
The commissioner will be tasked with reviewing and providing transparency into the Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) lethal injection drug and gas chamber chemical procurement process, execution protocols, and staffing considerations including training and experience.
The commissioner will issue a final report to include recommendations on improving the transparency, accountability, and safety of the execution process.
The first Death Penalty Independent Review Commissioner was announced on February 24 as retired Judge David Duncan.
Judge Duncan served as a federal magistrate judge in the U.S. District Court for the District of Arizona for seventeen years prior to his retirement. During this time, he presided over cases arising out of Arizona's corrections system, including a class action case challenging the constitutionality of the health care provided in Arizona's prisons. Judge Duncan's legal career also includes capital representation and service as an Assistant United States Attorney, according to a statement from Governor Hobbs.
Executions in Arizona resumed in 2022 after nearly eight years, with the execution of Clarence Dixon on May 11. Two other executions took place in 2022, Frank Atwood and Murray Hooper.
Arizona now has 110 people on death row.
Also on Friday, AG Mayes filed a motion with the Arizona Supreme to withdraw a motion previously filed by the State for a warrant execution of Aaron Brian Gunches. Gunches initiated the now-pending proceedings with his own motion requesting execution on November 25, 2022. In a January 4, 2023 filing, Mr. Gunches reversed his decision and requested his motion be withdrawn.
"My predecessor's administration sought a warrant of execution for Mr. Gunches after he initiated the proceedings himself. These circumstances have now changed. However, that is not the only reason I am now requesting the previous motion be withdrawn," said Attorney General Kris Mayes. "A thorough review of Arizona's protocols and processes governing capital punishment is needed. I applaud Governor Hobbs for establishing a Death Penalty Independent Review Commissioner to begin that process.”
Read the full Executive Order, here.
“With the Arizona Department of Corrections, Rehabilitation and Reentry now under new leadership, it’s time to address the fact that this is a system that needs better oversight on numerous fronts,” said Governor Katie Hobbs. “Arizona has a history of mismanaged executions that have resulted in serious questions and concerns about ADCRR’s execution protocols and lack of transparency. I’m confident that under Director Thornell, ADCRR will take this executive action seriously.”
“I welcome Governor Hobbs’ efforts to increase transparency and oversight into Arizona’s execution process and protocols,” said Attorney General Kris Mayes. “I look forward to the full report from the Commissioner and to ensuring that if executions are carried out, they are handled in a transparent and accountable manner in our state.”
