Arkansas governor, corrections board appeal ruling over who can fire top prison officials

Arkansas is appealing a circuit court ruling that kept in place an injunction blocking two laws that gave Gov. Sarah Huckabee Sanders the authority to fire top corrections officials.

The attorney general’s office filed a notice that it would appeal Pulaski County Circuit Judge Patricia James’ ruling which invalidated a settlement between Sanders and the Board of Corrections. 

Arkansas judge keeps block on laws giving governor firing power over prison officials

The filing said the governor and the board would also appeal several other rulings made by James that allowed Abtin Mehdizadegan to serve as the board’s attorney and to intervene in the lawsuit along with a current and former member of the board.

The case has already been to the Arkansas Supreme Court twice. The Republican governor  asked justices to lift the permanent injunction or order James to do so earlier this year. Justices did not, instead ruling that James should consider lifting her 2025 injunction following the settlement.

Sanders and the board said a settlement agreement the board voted to accept in March, and the Supreme Court ruling, meant James had little say in whether or not to lift her earlier ruling. But the Pulaski County circuit judge disagreed.

James ruled that the settlement was “in direct conflict with the Arkansas Constitution” and the Supreme Court’s decision gave her discretion on whether to lift her injunction. 

James also ruled this month that her September ruling also applies to provisions of the settlement that prohibited Mehdizadegan and his law firm from being paid for their work by declaring they were hired illegally. The Supreme Court has previously turned away efforts by Sanders and Attorney General Tim Griffin to have Mehdizadegan disqualified as the board’s attorney.

The long-running legal battle over who has ultimate control over the state prison system’s top leaders began nearly three years ago after the board voted to suspend Joe Profiri, Sanders’ chosen corrections secretary.

Profiri said he answered to Sanders and pointed to the two laws passed by the Legislature earlier that year. The board, then led by Benny Magness, sued, arguing the laws violated Amendment 33 of the Arkansas Constitution, which safeguards the independence of the corrections board. James agreed, placing a permanent injunction on the laws last October.

After Sanders appointed several members of the board last year, giving her appointments a majority on the seven-member body, it agreed to a settlement in March. The settlement effectively saw the board reverse the position it had taken under Magness’ chairmanship, endorsing the laws it had been challenging in court.