The court’s ruling avoids a clash between Hobbs, who has said she would not order an execution in the case, and the court, which earlier had issued a writ of execution.
By Jimmy Jenkins || The Arizona Republic
Gov. Katie Hobbs is not compelled to carry out an execution warrant for death row prisoner Aaron Gunches, according to an order from the Arizona Supreme Court.
The court, in a ruling issued Wednesday, says its role is to “issue a warrant of execution that authorizes the director of the state department of corrections to carry out the execution.”
But the law does not mandate the governor act on the warrant, the court said.
The court’s ruling avoids a clash between Hobbs, who has said she would not order an execution in the case, and the court, which earlier had issued a writ of execution.
The court acknowledged that the Arizona Constitution provides that the governor “shall take care that the laws be faithfully executed,” and that the governor is obligated to protect victims’ rights to justice and due process, but it said those were “mixed questions of law and fact that are not properly before us.”
The court denied the petition, made by Karen Price, sister of the victim, to force the governor to enforce the warrant.
Price, however, could advocate for execution on other grounds.
