Ex-judge fired from panel after bizarre death penalty recommendation as executions get greenlit

The decision comes after the controversial dismissal of a retired judge.

PUBLISHED NOV 28, 2024

Arizona has also faced numerous lawsuits over its execution methods.

Phoenix, Arizona: Arizona is set to resume executions in early 2025, following a two-year suspension prompted by concerns about the state’s death penalty procedures. The decision comes after a controversial dismissal of a retired judge appointed to review the execution process.

Governor Katie Hobbs took office in January 2023 and ordered a pause on executions just 18 days into her term. She cited a need to ensure the state’s execution practices were sound and transparent. Hobbs hired retired Judge David Duncan to review the process and make recommendations for improvements.

“If the state of Arizona is executing people in the name of Arizonans, Arizonans deserve transparency around that process,” Hobbs said at the time.

Governor Katie Hobbs spoke on the significance of the event. (Photo by Brandon Bell/Getty Images) — Governor Katie Hobbs has dismissed Judge Duncan this week. (Photo by Brandon Bell/Getty Images)

After nearly two years without a final report, Governor Hobbs dismissed Judge Duncan this week. In her letter, Hobbs stated she had lost confidence in his work. She pointed to a draft recommendation Duncan made advocating for the use of firing squads — a method currently illegal in Arizona — as a solution to the state’s execution challenges.

Duncan responded with disappointment, saying, “I fully embrace the reality that I serve at your pleasure, but I must express personal disappointment that you commissioned and now terminate a report that would follow the truth wherever it led. I doggedly pursued that mission.”

With Judge Duncan’s dismissal, Arizona’s Department of Corrections, under Director Ryan Thornell, is now prepared to move forward. Thornell, appointed by Hobbs, conducted his own review of the execution process and has stated that the department is ready to resume carrying out death sentences.

Attorney General Kris Mayes has also taken steps to restart executions. Mayes announced plans to request an execution warrant from the Arizona Supreme Court for convicted murderer Aaron Gunches, whose execution was delayed two years ago. If approved, Gunches’s execution could take place in early 2025.

Aaron Gunches, whose execution was delayed two years ago, could now take place in early 2025.

Arizona has faced severe criticism for mishandled executions, such as the 2014 execution of Joseph Wood, who took nearly two hours to die after being administered a controversial drug combination. The state has struggled to acquire the drugs needed for lethal injections, raising concerns about the reliability and ethics of its execution protocols.

Arizona has also been accused of lacking transparency in its execution process. Questions about the sourcing of execution drugs, procedural safeguards, and adherence to legal standards have led to public mistrust.

Arizona has also faced numerous lawsuits over its execution methods and the constitutionality of its death penalty statutes, prolonging executions and fueling debates.

A brief history of US firing squads

First up, as of November 27, 2024, no individual has been executed by firing squad in Arizona.

In the US, the most recent execution by firing squad occurred on June 18, 2010, when Ronnie Lee Gardner was executed in Utah. Gardner had been convicted of murdering an attorney during a courthouse escape attempt in 1985. He chose the firing squad as his method of execution, a choice available to him because he was sentenced before Utah banned the firing squad in 2004.

Prior to Gardner's execution, Gary Gilmore was executed by firing squad in Utah on January 17, 1977, marking the first execution in the US after the reinstatement of the death penalty in 1976.