Board of Corrections takes Governor to court

The power struggle between the Arkansas prison commissioners and the governor’s office landed in the Pulaski County Circuit Court on Thursday, January 4^th. The case was heard by Circuit Court Judge Patricia James and she ruled in favor of the Board of Corrections, saying the board has the ability to deny prison expansion plans submitted by Governor Sarah Sanders and Corrections Secretary Joe Profiri.

Judge James also ruled that new laws passed in 2023 that made the prison secretary answerable to the governor were unconstitutional and upheld the board’s December 14^th move to suspend him.

Attorney General Tim Griffin stated, “While I am disappointed in the ruling, I am confident in the work of my extraordinary team of attorneys and staff and the case we are preparing to appeal to the Arkansas Supreme Court.”

The drawn out drama between the board and the Sanders administration began with a fight over adding more prison beds before it turned into lawsuits. Governor Sanders called out the board in November when they approved only a portion of the 500 prison beds that were requested. At the next board meeting, it accelerated with the Corrections Secretary vowed to override the board’s objections by expanding the number of beds without their final approval. He based in authority on powers granted by lawmakers in the Arkansas Protect Act regarding the sweeping sentencing and crime bill passed in April.

Board Chairman Benny Magness pointed to the 33^rd Amendment of the state’s constitution, which allows the prison and higher education boards to remain fairly independent of the governor’s control. The moves to assert those powers came from these two lawsuits, including the one James ruled on January 4^th.

Attorney General Griffin filed the other lawsuit that Pulaski County Circuit Judge Tim Fox declared that the Sanders administration and Attorney General Griffin needed to allow the board to hire its own counsel as both sides fight over who ultimately has the final say over the prison operations in the state.

The attorney hired by the board is now urging other commissioners to assert their independence from the governor, pushing for rulings like this to establish their purpose clearly stating, “I think Judge James also left open room for Judge Fox to address this issue more precisely. I would call on every board under Amendment 33, especially beginning with the University of Arkansas and its Board of Trustees. To come forward.”