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Gov. Hobbs must appear in court on pause of executions

Gov. Hobbs had previously ordered an examination Arizona’s procurement of lethal injection drugs and other death penalty protocols.

PHOENIX — Arizona Gov. Katie Hobbs has been ordered to appear in court Thursday in her efforts to halt pending executions.

Maricopa County Superior Court Judge Frank Moskowitz said late Friday that Hobbs and Ryan Thornell, the state's prison director, must show up to explain why the court shouldn't issue an order against them on the grounds they are violating the constitutional rights of victims entitled to prompt justice.

“Victims have a right," said Valley attorney Benjamin Taylor. "They have rights to prop and swift and speedy justice.”

The afternoon court appearance is scheduled the same day convicted murderer Aaron Gunches had been set to die. The Arizona Supreme Court in recent days concluded state law didn't require Hobbs to proceed with the planned execution, even though it wasn't officially called off.

Credit: AP
This undated photo provided by the Arizona Department of Corrections, Rehabilitation and Reentry shows Aaron Brian Gunches, who was convicted of murder in the 2002 killing of Ted Price in Maricopa County, Ariz. On Thursday, March 2, 2023, the Arizona Supreme Court scheduled Gunches' execution for April 6, 2023. (Arizona Department of Corrections, Rehabilitation and Reentry via AP)

Taylor said the state will have to prove to a judge why they are delaying the execution. Believing Hobbs and her team will bring up the recent mismanagement of the system. Citing lack of staffing with the proper expertise.

“The governor's got the show are these defendants facing cruel and unusual punishment by these faulty and bad executions,” Taylor said.

An email requesting a response from the governor's office was not immediately answered.

At the same time, Maricopa County Attorney Rachel H. Mitchell has asked the court to extend the execution warrant for Gunches by 25 days.

Gunches had been set to die by lethal injection for the 2002 killing of his girlfriend's ex-husband Ted Price. He had pleaded guilty to a murder charge in the shooting death near Mesa, Arizona.

Credit: AP
In this undated photo provided by Karen Price is Ted Price, who was fatally shot in November 2002 near Mesa, Ariz. Lawyers for his sister, Karen Price, told the Arizona Supreme Court on Friday, March 10, 2023, that Gov. Katie Hobbs doesn't have the legal authority to disregard a court order to execute Aaron Gunches, who was convicted of murder in Ted Price's killing. Hobbs has vowed that she wouldn't carry out the order to execute Gunches on April 6, citing a review that she has ordered of death penalty protocols. (Karen Price via AP)

Price’s sister, Karen Price, has pressed the court to order Hobbs to let the execution go ahead.

Hobbs had previously appointed a retired federal magistrate judge to examine Arizona’s procurement of lethal injection drugs and other death penalty protocols.

The corrections department said Monday its death penalty protocols “have been paused as we conduct our systemic review of the execution process."

Arizona has 110 prisoners on death row. It carried out three executions last year after a hiatus of almost eight years over criticism that a 2014 execution was botched and because of difficulties obtaining execution drugs.

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