A Pulaski County judge has upheld her earlier decision blocking two state laws that grant the governor authority to dismiss high-ranking prison officials, stating that a settlement agreement endorsing the laws contradicts the Arkansas Constitution.
In an order issued Friday, Circuit Judge Patricia James reaffirmed her October 2023 injunction against the laws, arguing that the settlement approved in March by the Arkansas Board of Corrections and Republican Governor Sarah Huckabee Sanders attempts to override judicial authority and undermine constitutional protections. James first issued the injunction in response to claims that the laws violate Amendment 33 of the Arkansas Constitution, which protects the independence of the corrections board.
“This court summarily rejects the parties’ offer to take the first step down the slippery slope towards the degradation of our great democracy,” James wrote in her eight-page ruling.
The dispute centers on legislation passed in 2023 that gave the governor the authority to fire the Department of Corrections secretary and other top officials, a power Governor Sanders wielded shortly after the laws' enactment. The legal challenge began when the corrections board, then chaired by Benny Magness, sued over the laws, arguing they conflicted with constitutional limits on gubernatorial authority over corrections and higher education.
In March, the Board of Corrections—now with a majority of members appointed by Sanders—approved a settlement reversing its previous position and endorsing the constitutionality of the laws. In June, the Arkansas Supreme Court directed James to consider lifting her injunction but declined to order its removal outright.
James, however, wrote in her decision that the Supreme Court’s instructions did not require her to approve the settlement, asserting that there was “absolutely no precedent or justification” to grant the state’s request to enforce the laws.
“Granting this relief would result in preposterous and absurd consequences in which this court has enough foresight to prevent,” James added.
Board member Lee Watson, appointed during Governor Asa Hutchinson’s administration and a vocal opponent of the settlement, praised the ruling. “Today’s order vindicates the actions of the Board, shows how the Attorney General has spent almost three years wasting the taxpayer’s time and resources, and is a huge victory for the people of Arkansas for the citizens’ initiative which resulted in Amendment 33,” Watson said in a written statement.
Meanwhile, Jamie Barker, the current chair of the corrections board and a Sanders appointee, declined to comment on the ruling.
In response, Sanders spokesperson Sam Dubke reaffirmed the governor’s confidence in the legality of the settlement. “The Board of Corrections has already reached a settlement on this case, and while this ruling unnecessarily delays the proper enforcement of Arkansas law, Governor Sanders is confident the court will ultimately recognize the agreement all relevant parties reached in this case,” Dubke stated.
The attorney general’s office, which has been representing the governor in the litigation, said it is currently reviewing the ruling. It remains uncertain whether the state plans to appeal the decision.