Less clear is what Silver would do if the receiver decides the only way to fix the system is to demand more money than is in the agency budget and the governor and lawmakers balk at providing additional dollars.
“She can’t say in this order, right now, ‘here’s what’s going to happen if they don’t cooperate’,” Kendrick said. “As a federal judge, she has to presume that people are going to execute and obey court orders.”
In other states where judges have appointed receivers, Kendrick said elected officials “do play ball.”
“They don’t want to be in a position where they’re refusing to cooperate with a federal court,” she said. “Even though they’re (elected officials) not named as defendants, federal courts do have power to hold third parties in contempt for obstructing the reasonable execution of court orders.”
There was no immediate comment about the new order from Democratic Gov. Katie Hobbs.
In the past, Hobbs has said she inherited the prison healthcare problem from her predecessors. She has worked with the Republican-controlled Legislature to add some additional funding to the system.
But Hobbs’ ability to distance herself has diminished as she has now been governor since January 2023.
Silver, after years of minimal to no action to fix the system, said she had to take the ultimate action of putting the healthcare system under the court’s control, through a receiver.
Legislative leader wants to appeal ruling
The move — like so much else that has happened since the lawsuit was filed in 2012 — isn’t going to come without a fight.
“I would certainly want to appeal,” said Senate Majority Leader John Kavanagh, a Fountain Hills Republican.