Arkansas Supreme Court sends lawsuit over prison board authority back to lower court

The Arkansas Supreme Court on Thursday declined to reverse a judge’s decision striking down laws that took away the Board of Corrections’ authority to fire top prison officials, but ordered the judge to consider a settlement that would allow the laws to be reinstated. 

The court’s order comes two months after the seven-member Board of Corrections voted 4-3 to settle the long-running lawsuit against Gov. Sarah Huckabee Sanders. 

The agreement required the board to drop the central claim of its lawsuit and agree that Sanders has the power to fire the Department of Corrections’ secretary — a power held by the seven-member panel until two law changes in 2023 changed who the secretary ultimately reports to. 

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Pulaski County Judge Patricia James ruled in October that the changes violated Amendment 33 of the Arkansas Constitution by shifting the board’s authority over the prison system to the governor. 

While the Supreme Court didn’t reverse James’ ruling, it didn’t uphold it either. Justices sent the lawsuit back to James to consider a new order agreed upon by both sides, as well as a motion to lift her ruling preventing both laws from being enforced. 

The court also rejected requests to intervene in the case from Abtin Mehdizadegan, the board’s former attorney; Lee Watson, a current board member appointed by former Republican Gov. Asa Hutchinson; and Benny Magness, the board’s former chair.

The settlement also prohibits the board from paying the more than $320,000 owed in legal fees to Mehdizadegan and his law firm, Hall Booth Smith. Attorney General Tim Griffin and Sanders-appointed members of the board say Mehdizadegan was hired illegally — though James previously ruled that the board was entitled to hire and pay the outside attorney.

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The four Sanders appointees voted in favor of settling, while the three appointed by Hutchinson voted no. The attorney general’s office and the board then asked the Supreme Court to reverse the summary judgement and order James to dismiss the lawsuit.

Chief Justice Karen Baker and Justice Courtney Hudson would have granted the motions to intervene by Mehdizadegan and Watson, and would not have granted the motion to remand the case. Justice Shawn Womack would have reversed James’ ruling. Two special justices appointed by Sanders to replace Justices Nick Bronni and Cody Hiland, who recused themselves, agreed with the majority ruling.