Maricopa County’s Superior Court is implementing a new program aimed at expediting the resolution of death penalty cases. Judge Jennifer Green, who oversees the court’s criminal department, has begun issuing orders requiring both prosecution and defense to participate in settlement conferences two years after a notice to seek the death penalty is filed.
A Response to Lengthy Cases and High Costs
The move comes after a recent investigation revealed a low rate of successful death penalty convictions in Maricopa County. Over the past 20 years, prosecutors have sought the death penalty in nearly 350 cases, but only 13% resulted in a death sentence. This outcome prompted former Maricopa County Attorney Rick Romley to call for a review of capital charging decisions.
Romley noted that pursuing the death penalty significantly increases the resources required for a case, stating, “Once you allege death, the whole game changes.” Capital cases can span multiple county attorney terms and cost over a million dollars each to prosecute. The new settlement conferences will be conducted by current and retired judges and are intended to encourage talks that could lead to resolutions, potentially avoiding years of litigation.
Differing Perspectives on the New Program
Maricopa County Attorney Rachel Mitchell stated she is “for anything that would speed up this process,” but emphasized that the death penalty is sought only in cases “where we think the death penalty is warranted.” She suggested that dropped charges in death penalty cases are often due to changing evidence or the loss of witnesses, rather than a simple plea agreement.
Rosemarie Peña-Lynch, director of public defense services for Maricopa County, expressed her office’s commitment to the process, stating it “offers an opportunity to explore potential case resolutions while safeguarding the constitutional rights of our clients.”
Arizona resumed executions in 2025 following a two-year pause. However, a review of the state’s lethal injection process, ordered by Gov. Katie Hobbs, was dismissed after a retired federal magistrate judge determined the process was “not humane.” Currently, there are 107 people on Arizona’s death row.
Frequently Asked Questions
What is the purpose of the settlement conferences?
The orders are meant to “encourage” settlement talks in capital cases, which often drag on for many years and sometimes end with prosecutors reducing the charges.
Who will be conducting the settlement hearings?
Current and retired judges will conduct the hearings.
What was the outcome of the investigation into Maricopa County’s death penalty cases?
The investigation found that prosecutors in the Maricopa County Attorney’s Office have frequently pursued the death penalty but rarely secured death sentences, with only 13% of nearly 350 cases over 20 years resulting in a death sentence.
As the court begins to implement this new program, it remains to be seen whether these settlement conferences will lead to a more efficient and cost-effective resolution of capital cases in Maricopa County, and what impact this will have on the pursuit of the death penalty in Arizona.
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