Arizona officials at odds over who has the authority to seek a death warrant

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Last month, Arizona Attorney General Kris Mayes sent a letter to Maricopa County Attorney Rachel Mitchell, saying she will begin seeking execution warrants next year if the corrections department “is capable of carrying out a lawful execution at that time,” 12 News reported.

Executions there have been on hold since January 2023 when newly-elected Democratic Gov. Katie Hobbs ordered a review of the state’s execution protocols in the wake of three botched executions in 2022 and hired a new corrections director.

But it seems that’s not soon enough for Mitchell, who, the Arizona Capitol Times reports, announced earlier this month that she had filed a motion with the state Supreme Court seeking an execution warrant for Aaron Gunches, whose scheduled April 2023 execution was postponed when Hobbs put executions on hold.

AG Mayes quickly responded with a statement, noting that “Only the Attorney General is authorized to seek warrants of execution. Despite what rogue Maricopa County Attorney Rachel Mitchell may believe, there is only one Attorney General at a time – and the voters decided who that was 18 months ago.” Mayes pointed out that she had notified Mitchell last month that she planned to seek execution warrants early next year after the death penalty review was completed, “but apparently, conducting this cynical performance to look tough in her competitive re-election primary is more important to the County Attorney than following the law.”

She concluded by declaring, “Make no mistake, I will vigorously defend the authority of this office – and will not stand by as the Maricopa County Attorney attempts to create chaos to save her political career. My office will next move to strike this motion and prevent County Attorney Mitchell from continuing her unauthorized actions related to the death penalty.”

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