Arkansas judge dismisses part of attorney general’s lawsuit against corrections board

A Pulaski County Circuit judge dismissed part of the lawsuit Attorney General Tim Griffin filed against the Arkansas Board of Corrections over its now-fired private attorney.

The Tuesday order from Judge Timothy Fox said that it was clear that “there is no actual case or controversy before the court” since the board voted to fire and not pay Abtin Mehdizadegan and his law firm, Hall Booth Smith, last month.

The board’s vote came after Republican Gov. Sarah Huckabee Sanders appointed three new members of the board — including her former deputy chief of staff — giving her appointees a majority on the seven-member panel.

Griffin’s December 2023 lawsuit alleged that board members violated Arkansas’ procurement laws and the Arkansas Freedom of Information Act when it hired Mehdizadegan.

Mehdizadegan represented the board in its lawsuit challenging the constitutionality of state laws shifting supervision of the Department of Corrections’ top officials to the governor.

The two lawsuits were filed within days of each other and came at a period of increasing disagreement between the panel and Sanders over who had the authority to hire and fire top corrections officials.

Pulaski County Circuit Judge Patricia James sided with the panel last year and struck down two 2023 laws that took away the board’s authority to fire the department’s secretary and division directors. An earlier ruling from James had already cleared the way for the board fire Joe Profiri, Sanders’ pick to lead the corrections department, in 2024.

Fox’s three-page order did not dismiss Griffin’s allegations of public records law violations but appeared skeptical that they could move forward given the board’s new majority.

Fox gave Griffin and the board 45 days to determine if “any viable causes of action” remain.

The panel is currently in the process of trying to obtain a new outside lawyer using a process that requires approval from both Griffin and Sanders.

James ruled last year that the corrections board is considered a “constitutional board” for the purposes of hiring an outside attorney, with its members considered constitutional officers.

Sanders has appealed the ruling to the Arkansas Supreme Court. Constitutional officers do not need approval from Griffin or Sanders to hire outside attorneys if they disagree with the attorney general on how a part of the constitution should be interpreted, according to state law.

“We have reviewed the ruling and are considering our next steps,” said Griffin’s spokesperson, Jeff LeMaster.