A federal takeover of Arizona’s prison medical and mental health system could start as soon as Aug. 13 after a judge rejected the state’s request to delay its start.
U.S. District Judge Roslyn Silver on Aug. 5 denied Arizona prison officials’ request to pause the appointment of a receiver to oversee prisons while the state appeals that action. She left a seven-day hold in place so the state can ask the 9th U.S. Circuit Court of Appeals to stop the appointment.
The state’s deadline to make that request is Aug. 12. If the appeals court does not issue another stay before the district court’s pause expires, former Ohio prisons director Annette Chambers-Smith’s appointment would take effect after the deadline.
The state may continue appealing Silver’s
decision even if Chambers-Smith begins her work.
Attorneys for the state and the Department of Corrections did not immediately respond to requests for comment.
What judge decided about federal takeover of Arizona prison health care
Arizona officials argued that a federal takeover of prison health care was an extreme measure that would cost the state money and interfere with its control over prisons.
Silver said the state repeated arguments she already considered before ordering the receivership. She found officials had not shown they were likely to win their appeal or that starting the receivership would cause harm that could not later be repaired.
The judge said those concerns were outweighed by the harm caused by unconstitutional health care in Arizona prisons.
“It is indisputable” that incarcerated people continue to be harmed, Silver wrote. Delaying the receiver’s work would allow those injuries to continue, she said.
Silver also rejected the state’s claim that she failed to consider its performance since a permanent injunction was issued in 2023. She said the court reviewed the department’s work, relied on court-appointed monitors and previously found serious problems with the state’s method for measuring its own compliance.
Could the start date change for federal takeover prison health care?
Arizona officials cuold ask the 9th Circuit for a temporary pause or a longer stay while the appeal moves forward.
Merely filing the request does not guarantee the takeover will stop. The appeals court would need to act before Silver’s seven-day pause ends. It could grant a stay, deny one or issue a brief administrative pause while judges consider the request.
Silver said the receiver order will take effect when the deadline expires if the state does not seek relief from the appeals court on time.
What control will federal receiver have over Arizona prison health care?
Silver appointed Chambers-Smith on July 17 after attorneys for incarcerated people and the state jointly proposed her.
Once the appointment takes effect, Chambers-Smith will assume powers normally held by Arizona Department of Corrections, Rehabilitation and Reentry Director Ryan Thornell involving medical and mental health care.
She can hire, fire and discipline health care workers, set compensation, establish policies and determine the prison health care budget. She also can negotiate, rewrite, enforce or end contracts with private providers.
Chambers-Smith must file an operational plan within 180 days explaining how she will correct the problems identified by the court. Silver set her annual salary at $500,000 and expects the receivership to last about five years, though it could continue longer if unconstitutional conditions remain.
Why was a receiver ordered to oversee health care in Arizona prisons?
The lawsuit began in 2012. Silver ordered the receivership in February after finding nearly 14 years of settlements, court orders, monitoring, fines and other efforts had failed to correct systemic problems.
The court has pointed to understaffing, delayed care, preventable deaths, problems with specialist referrals and unreliable data.
State officials have said the department made significant improvements and that a receiver is unnecessary. Silver’s latest ruling means those arguments did not persuade her to delay the takeover.
This article originally appeared on Arizona Republic: Judge rejects Arizona's request to delay prison health care takeover
