Last week, Gov. Katie Hobbs held “listening sessions” ahead of her third trip to the southern border in order to better understand the border crisis.
Hobbs met with groups that provide housing and transport for illegal immigrants seeking asylum to discuss the anticipated impact of Title 42’s end come May 11. These included Campesinos sin Fronteras, International Rescue Committee, Regional Center Border Health and representatives from Greyhound lines and Sky Harbor International Airport.
The governor claimed in a press release that her administration has “proactively” addressed the crisis.
“My administration is proactively addressing the myriad of issues with our southern border, and want to hear from organizations on the ground regarding how the administration can better support efforts to coordinate and collaborate on processing these individuals in the most humane and efficient manner,” said Hobbs.
There have been well over 4.9 million southwest border encounters since President Joe Biden took office. That’s an average of over 197,000 encounters a month. At this rate, there could be well over 9.4 million illegal immigrant encounters by the end of the president’s first term.
The encounter data doesn’t include gotaways: those illegal immigrants not apprehended but observed crossing into the country.
Hobbs plans to visit the border on Tuesday; her third since taking office in January, previously visiting Yuma, San Luis, and Somerton. Department of Homeland Security (DHS) Secretary Alejandro Mayorkas plans to join Hobbs for this latest border visit.
The governor has taken the opposite approach from her predecessor when it comes to border security. Almost immediately after taking office, Hobbs had the shipping containers removed and repurposed into houses for the homeless. Hobbs claimed that former Gov. Doug Ducey’s effort to close the border was a “publicity stunt,” and not a permanent solution.
The state spent about $95 million on construction and $75 million on removal of the shipping containers.
Following her election, Hobbs also pledged to dissolve Ducey’s Border Strike Force (BSF), established in 2015. Hobbs clarified during a press conference last month that the BSF would go away — but not its funding and resources.
“Right now, the Border Strike Force is not actually being utilized at the border, so we want to coordinate those resources where they can be most helpful with the law enforcement there,” said Hobbs. “It’s really important to listen to the folks working in the field that are experts on these and take our direction from them.”
Hobbs has also advocated for greater benefits to illegal immigrants, asking lawmakers for $40 million to finance illegal immigrants’ college tuition during her State of the State address in January.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The Maricopa County Attorney would like a word with the Arizona Governor after her decision to disregard the execution order for a condemned man on the state’s death row.
This week, Maricopa County Attorney Rachel Mitchell filed a writ of mandamus with the Arizona Supreme Court to “ensure Governor Katie Hobbs and Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) director Ryan Thornell adhere to their oaths of office to enforce the death penalty and comply with victims’ constitutional and statutory rights.” The question presented before the state’s high court is whether the Governor and ADCRR Director “are threatening to proceed without legal authority and failing to perform a duty – the lawful execution of Aaron Brian Gunches on April 6, 2023 – as required by law.”
After filing the amicus with the court, Mitchell released the following statement: “As County Attorney, I took an oath to uphold the US Constitution and the constitution and laws of the State of Arizona. These recognize that both the victim and the accused have rights. Our brief recognizes and supports the right of victims to a “prompt and final conclusion of the case.” It also gives the defendant notice of the recent US Supreme Court decision, even though we do not believe it applies in his case. What is not at issue is what the sentence is for his crime.”
The Maricopa County Attorney’s action follows Democrat Governor Hobbs’ earlier announcement that she would not be fulfilling the execution date for Gunches after the Arizona Supreme Court issued an execution warrant for April 6, 2023. The Gunches saga predates to the previous Ducey-Brnovich administrations, which came to an end on January 2, 2023. Former Attorney General Mark Brnovich had requested the warrant of execution for Gunches in December 2022.
In Mitchell’s filing before the court, she highlights a 1915 response from the same judicial body to a warden “who refused to comply with, and carry out, the order and directors of this Court to execute the sentence of death” in State ex rel. Jones v. Sims. The Court wrote: “Of course, it must be understood that men’s opinions and wishes cannot be substituted and made to take the place of the law; that this is a government of laws, and not of men, and that those persons whom the people have chosen to execute the laws must do so, however disagreeable or repugnant to their wishes it may be. It is not a jealousy of our processes that calls forth this expression, but [jealousy] of the law as it exists. The people and their representatives make the laws, and their observation and enforcement is the only sure test of loyalty and certain guaranty of the perpetuity of our government.”
Mitchell argues that “the Governor is bound by the Constitution and statutes to carry out executions after this court issues a warrant,” that “the Arizona Constitution limits the Governor’s exercise of Executive Clemency power,” and that “Governor Hobbs’s unilateral decision to grant a de facto reprieve violates the victim’s constitutional right to a prompt and final conclusion.”
Governor Hobbs’ decision to unilaterally cancel the court-ordered execution of Gunches coincides with her installation of a Death Penalty Independent Review Commissioner to review and provide “transparency into the ADCRR lethal injection drug and gas chamber chemical procurement process, execution protocols, and staffing considerations including training experience.” The Maricopa County Attorney’s brief contends that “this Court further found that Governor Hobbs’ Commissioner review, by itself, ‘does not demonstrate the State’s inability to lawfully carry out the execution.’”
Earlier this month, Arizona Senate President Warren Petersen expressed extreme displeasure with Governor Hobbs’ controversial decision to withhold justice in this case. Petersen provided the following quote to AZ Free News when asked for a reaction to Maricopa County Attorney Mitchell’s recent filing in court: “I applaud the County Attorney for supporting justice and victims. The Senate and House will be writing an Amicus brief in favor of justice as well. It is disturbing to see that our current Governor and Attorney General are unwilling to enforce the law and siding with the most vile individuals of society.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Democrat Governor Katie Hobbs is delaying justice for the victims of a convicted killer, and the State Senate President is furious with her calculation to ignore a recent execution warrant issued by the Arizona Supreme Court.
Last week, the state’s top court issued an execution warrant for a convicted murderer, Aaron Gunches, who was first sentenced to death in 2008 for the killing of Ted Price in 2002. Following an early-December 2022 request from then-Attorney General Mark Brnovich for a warrant of execution, the Arizona Supreme Court finally set an April 6 execution date – even in the face of tremendous opposition from Arizona’s new governor and attorney general.
After receiving the order from the state’s high court, Hobbs issued a lengthy statement, announcing that she would not be fulfilling the execution date for Gunches and justifying her decision. The governor wrote: “Yesterday, the Arizona Supreme Court issued a warrant of execution for Aaron Brian Gunches, despite the State withdrawing its motion and informing the Court that the State does not seek to carry out an execution at this time….the State and ADCRR (Arizona Department of Corrections Rehabilitation & Reentry) does not intend to proceed with an execution on April 6, 2023.”
Arizona’s Senate President, Warren Petersen, was outraged by the governor’s decree, tweeting, “He should absolutely be executed! Imagine if a Republican governor refused to carry out this order made by the court!”
And he later added, “Criminals over victims. Not a good look for Arizona.”
Governor Hobbs’ decision to halt Gunches’ execution comes after a chaotic change in policy from the Governor’s and Attorney General’s Offices following the transition of power on January 2, 2023. On January 20, Hobbs established a Death Penalty Independent Review Commissioner, tasking this individual to review and provide “transparency into the ADCRR lethal injection drug and gas chamber chemical procurement process, execution protocols, and staffing considerations including training and experience.” Hobbs stated then that “Arizona has a history of mismanaged executions that have resulted in serious questions and concerns about ADCRR’s execution protocols and lack of transparency.”
The governor’s rollout of this executive order included cooperation from newly installed Attorney General Kris Mayes, who announced that day that her office “filed a motion to withdraw the warrant of execution for Aaron Brian Gunches.” She announced that her office would “also pause all requests for warrants of execution while the review process (that Hobbs was implementing) is pending.”
Mayes did acknowledge the family members of the murdered victim who were caught in the middle of the political posturing, tweeting, “My heart goes out to the family of Ted Price. I know this must be an unimaginable situation for them. Families of victims of those on death row deserve sympathy and support from all of us, and I extend mine to Mr. Price’s family today.”
On February 24, Governor Hobbs announced the appointment of retired Judge David Duncan as the Commissioner she previously promised – again repeating her claim about Arizona’s history of “mismanaged executions” despite the past three executions under former Attorney General Brnovich and former Governor Doug Ducey occurring as planned. Also, as with her January 20th statement, the governor expressed confidence in her choice to lead the ADCRR, Ryan Thornell, who was nominated on January 17. Thornell was selected from his role as the Deputy Commissioner of Corrections for the Maine Department of Corrections.
Governor Hobbs gave Thornell another endorsement in her most-recent statement announcing that she would not be going forward with Gunches’ execution, saying, “Director Thornell will continue to build up ADCRR’s staffing and competencies to be able to conduct an execution in compliance with state and federal laws, and will balance that work with the work needed to solve the urgent medical, mental health, and other critical problems the Director has inherited from the prior administration.”
According to Senate sources, though, Thornell’s nomination has not been transmitted to the Arizona Legislature for consent as is constitutionally required. Once the Governor’s Office complies with the Arizona Constitution, Thornell would face a rigorous vetting process by the panel commissioned by President Petersen and chaired by Senator Jake Hoffman. With two – and possibly three – of Hobbs’ original choices to run state agencies already derailed by a lack of vetting from her office, Thornell’s journey – and the stability of the agency he has been tasked to run – faces significant question marks as the governor’s administration hits its third month of operation.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A powerful Senate Committee Chairman is encouraging Arizona’s Democrat Governor to show some urgency when it comes to re-nominating an individual to lead the Department of Child Safety (DCS), and he may have a solution as her office considers its next move in the matter.
On Thursday, Senator Jake Hoffman, Chairman of the Committee on Director Nominations, sent a letter to Governor Katie Hobbs, transmitting a letter his panel had received “from a coalition of frontline child welfare advocates and providers ‘respectfully requesting consideration for the reinstatement of former DCS Director Mike Faust.’” Senator Hoffman echoed “the pleadings of these dedicated child welfare professionals” in his own letter to the governor.
The letter that the Committee on Director Nominations had received was from a group of 21 individuals, representing licensed Group Home providers, bringing “well over 200 years of child welfare experience in Arizona.” The coalition wrote that “we share a mutual and tremendous respect for the past performance of former Director Faust and appreciate his rigor in holding all our agencies accountable when needed.” They praised Faust’s character, stating, “He is a man of his word and his transparency allowed for effective planning. Although his decisions were not always universally embraced, he could be trusted and he is a man of high moral character and integrity.”
It appears the Governor’s Office received the letter as well.
The coalition requested that the governor consider reinstating Faust to his past position of DCS Director.
Hoffman wrote in his accompanying letter to the governor that he believed “the coalition’s request to be a wise and prudent course of action” for Arizona. He also revealed that he had recently touched base with Faust “about his willingness to serve in this important role once again,” and that the former DCS Director “would be willing to discuss with (Hobbs) the possibility of his returning to lead the agency.”
The Director Nominations Chairman promised a “swift confirmation process should Mr. Faust be nominated to return in his role as the agency’s Director.”
All sides have admitted the importance of this agency and installing a competent individual who will do the work required on behalf of Arizona’s most vulnerable children. After Hobbs’ initial appointee, Matthew Stewart, was forced out of the nomination process by her office, she stated that DCS “has a critical mission protecting Arizona’s most vulnerable population, our children.” Chairman Hoffman wrote in his letter that “there are few executive agencies in Arizona as important as the Department of Child Safety.” And the coalition writing to Governor Hobbs asserted that “leading an agency of nearly 3,000 employees charged to protect and serve over 10,000 children is a daunting task that requires a unique and dedicated leader.”
The ball is now in the Governor’s Office when it comes to taking action on a vacant nomination for DCS Director as vulnerable Arizona children await direction and leadership from the state agency tasked with protecting their interests.
Hoffman’s committee, which was commissioned by Senate President Warren Petersen, has so far held two meetings to consider four of Governor Hobbs’ nominees for key positions in state agencies. The Committee on Director Nominations voted to recommend two of the individuals it has vetted, voted against recommending another, and held the fourth for future considerations. Governor Hobbs has been slow to transmit her nominations to the Arizona Senate for consent as is her constitutional obligation. The failed nomination last month of Matthew Stewart for DCS Director occurred independently of the committee process.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Legislative Republicans continue to search for avenues to reach an accord with the Governor’s Office on the new fiscal year budget, and on Tuesday, the leaders of the House and Senate took a new approach to bring Arizona’s chief executive to the negotiating table.
House Speaker Ben Toma and Senate President Warren Petersen sent a joint letter to Governor Hobbs, requesting a meeting with the Ninth Floor over the stalled budget negotiations. After receiving the Governor’s budget proposal in January, both the House and Senate passed a budget that was then vetoed by Hobbs.
Toma and Petersen’s letter references the vetoed budget and the Governor’s actions to bring Arizona dangerously close to a shutdown: “The Legislative Budget you vetoed on February 16th represented shared, ongoing funding priorities. That budget would have prevented a government shutdown, while leaving the available one-time funds untouched for executive and legislative negotiation of priorities. Our budget was the responsible approach to governing in a time of economic uncertainty.”
The legislative generals struck a balanced and reasonable approach in their letter to Governor Hobbs, highlighting an alleged unwillingness to negotiate by her office: “In our first and only meeting to discuss the budget, your office stated it was unwilling to receive feedback or take questions. Obviously, we need some level of agreement to pass a budget. We believe we can achieve most of our priorities and include yours that are reasonable. For example, we have several members who support additional funding for School Facilities Building renewal, the Division of Developmental Disabilities (DDD), and transportation projects.”
Tuesday’s letter is the latest salvo in a continuing saga between the two sides on the budget negotiations. Both parties remain far apart on key details needed to forge an agreement before the June 30th deadline.
Daniel Scarpinato, one of former Governor Doug Ducey’s Chiefs of Staff, responded to the allegations of Hobbs’ refusal to negotiate with Republican legislators: “I cannot imagine inviting legislators up to the 9th floor and refusing to take questions. We always took questions from Republicans, Democrats and the media. They didn’t always like the answers – but I just can’t imagine saying something like this to elected leaders.”
In a press conference shortly after the receipt of the letter, Governor Hobbs was asked about the request for enhanced negotiations and what her response would be to President Petersen and Speaker Toma. The governor inferred that her office had, in fact, reached out to legislative leadership after her veto of the budget, saying that she saw the letter “as a response to (her office) reaching out,” and that she was “encouraged that we can move forward on a process of negotiating a budget that we can all agree on.”
Hobbs’ characterization of her office reaching out to Republicans in the state legislature appears to correspond with a line in Petersen and Toma’s letter that outlines “a request from (Hobbs’) office to discuss priorities and identify differences to avoid a government shutdown.” However, as the letter highlights, this request came one day after Hobbs “created and committed funding to her ‘Flip the Leg Fund,’” which took place on the heels of unanswered legislative questions about her controversial Inaugural Fund. This announcement from Hobbs’ political operation left Republicans in no mood to work with a governor who is simultaneously financing election challenges to vulnerable legislators at the state capitol.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.