Arizona Prison Health Control Faces an Oct. 19 Deadline

Arizona is up against an Oct. 19 deadline that could put its prison health system under outside control. U.S. District Court Judge Roslyn Silver set the date after the 9th U.S. Circuit Court of Appeals refused to pause her order. Silver had chosen Annette Chambers-Smith to serve as receiver. Unless the U.S. Supreme Court intervenes, Chambers-Smith is expected to replace Ryan Thornell, director of the Department of Corrections, Rehabilitation, and Reentry. The high court is now the only body that can overturn the takeover.

State lawyers made their latest request on Wednesday. They said Arizona has made real gains in physical and mental health care for people in prison. Silver ordered major changes in 2023 after finding constitutional problems. The plan has doubled health care spending, added workers, upgraded facilities, and widened access to treatment for substance-use disorders. Still, the state admits that its prisons do not yet meet the required legal standard. Its lawyers want a lighter penalty than a full takeover and say conditions have improved during the past three years. Silver is not convinced by that pace. She noted that the case began in 2012 and that officials have made similar promises before.

If the transfer happens, Chambers-Smith could hire and fire staff, cancel contracts, and ask the court for permission to require more state spending. Arizona hired Paul Clement, a lawyer experienced with Supreme Court cases, to challenge that power. He argued that it is uncertain whether federal law allows a judge to place a receiver in charge of a state agency over the agency's objections. He also said the federal Prison Litigation Reform Act calls for the smallest intervention needed to fix unlawful conditions. In his view, a receiver should be used only after other options fail, and Silver did not reach that point before removing control from Thornell.

Clement also warned that the change could create disorder if the 9th Circuit later sides with Arizona. Chambers-Smith could take charge in October, only for control to return to Thornell a few months afterward. Thornell was appointed by Gov. Katie Hobbs and confirmed by the Arizona Senate. Justice Elena Kagan, who handles this kind of special request through the court's shadow docket, will decide whether to ask for a response from the inmates' attorneys or send the matter to the full court. The Supreme Court has not announced when it will act.