Arizona judge skeptical of suit seeking to execute prisoner

PHOENIX — A judge expressed skepticism about whether he can order any changes in response to a lawsuit against Arizona Gov. Superior Court Judge Frank Moskowitz agreed to let attorneys brief their arguments in the coming weeks, but he also said he’s not sure what he has the power to do — since the Arizona Supreme Court order authorizing the execution of Aaron Gunches in the 2002 killing of Ted Price will expire late Thursday night. While the governor’s review of death penalty procedures is underway, the office of newly elected Democratic Attorney General Kris Mayes has said it wouldn’t seek any court orders to execute prisoners. Gunches, who isn’t a lawyer, had asked the state Supreme Court to issue a warrant for his execution, saying justice could be served and Price’s families could get closure. The state Supreme Court rejected Mayes’ request, saying that it must grant an execution warrant if certain appellate proceedings have concluded and that those requirements were met in Gunches’ case.