PHOENIX — The State of Arizona is poised to resume executions in 2025 after Democratic Gov. Katie Hobbs fired the judge she appointed to review the state's execution protocols.
In January 2023, after less than a month in office, Hobbs announced an independent review of executions in Arizona. A month later, she named retired Judge David Duncan to lead the review.
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"Arizona has a history of mismanaged executions that have resulted in serious concerns about... execution protocols and lack of transparency," Hobbs said in February 2023.
"That changes now ... I'm more than confident that Judge Duncan has the expertise and ability to take on this crucial role."
But in a letter dated Tuesday that was provided to 12News, Hobbs told Duncan: "I no longer have confidence that I will receive a report from you that will accomplish the purpose and goals of the executive order that I issued nearly two years ago."
"Your continued service to the State is no longer necessary."
The governor told Duncan that early drafts of his work "called into question your understanding of the ... scope of work you were hired to perform."
Hobbs cited Duncan's recommendation of "executions by firing squad (a method not currently authorized by Arizona law)."
12News is seeking a response from Duncan.
Hobbs spokesman Christian Slater told 12News that despite her review's failure, the governor was confident that the Arizona Department of Corrections Rehabilitation & Reentry's review of the execution process was "very thorough" and ensures the state's application of the death penalty meets constitutional standards.
"The governor is committed to upholding the law," Slater said. The next execution will be the first on Hobbs' watch.
The groundwork for Duncan's dismissal was laid late last week, in two letters to Hobbs.
Corrections Director Ryan Thornell had told Hobbs in an eight-page letter dated last Friday, Nov. 22, that after a 20-month review of execution protocols, his department "is operationally prepared to proceed with an execution."
"I am confident in the methodology I used in leading this effort and am satisfied with the outcome," Thornell wrote.
The same day Thornell briefed Hobbs, a Thornell deputy forwarded a 12-page letter to a Hobbs aide documenting concerns with Duncan's work.
Democratic Attorney General Kris Mayes said Tuesday that she would request an execution warrant from the Arizona Supreme Court in the coming weeks for murder convict Aaron Brian Gunches.
Gunches was sentenced to death in 2008 for the murder and kidnapping of Ted Price, his girlfriend's ex-husband.
"Earlier today, I spoke with Ted Price's family and expressed my deepest condolences for the unimaginable pain their family has endured since his murder," Mayes said in a prepared statement.
"I remain committed to seeking justice for the victims of violent crime and their loved ones."
Mayes said her office had been preparing to resume executions in early 2025.
Hobbs office issued the following statement:
"The Governor remains committed to upholding the law while ensuring justice is carried out in a way that’s transparent and humane. ADCRR has conducted a thorough review of policies and procedures and made critical improvements to help ensure executions carried out by the State meet legal and constitutional standards."
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