A Pulaski County judge is expected to deliver a decision within 30 days on whether to continue blocking two state laws that shift the authority to fire top prison officials from the Arkansas Board of Corrections to Governor Sarah Huckabee Sanders. Circuit Judge Patricia James heard arguments in the case on Wednesday, which stems from a legal challenge filed in 2023.
The dispute began after public disagreements between the board and the governor regarding efforts to address overcrowding in Arkansas prisons. Tensions escalated when the board attempted to suspend Corrections Secretary Joe Profiri, who was appointed by Sanders and claimed to answer solely to the governor. The board argued that two laws passed by the legislature earlier that year, granting the governor direct authority over such decisions, violate Amendment 33 of the Arkansas Constitution. The amendment is intended to preserve the board’s independence.
In previous rulings, Judge James sided with the board and issued a permanent injunction against the laws. The governor appealed, and earlier this year, the Arkansas Supreme Court directed James to consider lifting her injunction, citing a legal settlement between Sanders and the board. This settlement marked a significant reversal for the board, which is now composed of a majority of members appointed by Sanders. The updated board voted 4-3 to agree that the laws are constitutional, reversing the stance taken under the chairmanship of former board leader Benny Magness.
Attorneys for Arkansas Attorney General Tim Griffin, representing the governor, urged James to lift the injunction, arguing that the Supreme Court's order effectively nullifies it. Deputy Solicitor General Noah Watson stated that failing to lift the order would defy the Supreme Court’s instructions, adding, “Any other reading of the Supreme Court’s order would make little sense.”
Meanwhile, Tim Cullen, an attorney representing Magness and Board member Lee Watson, pushed back, contending that Judge James should preserve the injunction. Cullen criticized the settlement, saying it amounted to an attempt to "rewrite history" and circumvent constitutional safeguards designed to maintain the board’s independence.
The settlement also resolved a financial dispute with the board’s former attorney, Abtin Mehdizadegan, who was hired to handle this case and related litigation under the Arkansas Freedom of Information Act. Under the terms, the board refrained from paying him and acknowledged his hiring was improper. Mehdizadegan filed a motion to intervene in the case earlier this week, but Judge James declined to hear it during Wednesday’s proceedings.
Judge James is expected to announce her ruling within the next month. The decision could have far-reaching implications for how Arkansas' prison system is managed, potentially consolidating more authority under the governor’s office or reaffirming the corrections board’s constitutional role.