The Arkansas Supreme Court on Thursday cleared the way for the state Board of Corrections to continue using outside legal counsel in its ongoing lawsuit over who controls the Department of Corrections’ top officials.The justices rejected Attorney General Tim Griffin’s request to reconsider their June decision dismissing his motion to disqualify the board’s attorney, Abtin Mehdizadegan of Hall Booth Smith. Griffin argued the attorney was hired illegally and that the high court had the authority to rule on his participation.
In June, the court upheld a lower court’s preliminary injunction that allowed the board to retain oversight of corrections officials while the lawsuit proceeds. The justices said at the time that Griffin’s disqualification motion was outside the scope of their review.
Thursday’s one-page per curiam order did not provide a reason for denying the petition for rehearing. Justice Shawn Womack dissented, while Justice Barbara Webb concurred and dissented in part. Justices Cody Hiland and Nicholas Bronni did not participate.
The decision is the latest development in a nearly two-year dispute between the corrections board, Griffin, and Gov. Sarah Huckabee Sanders. The lawsuit stems from 2023 laws that shifted authority over the corrections secretary from the board to the governor, which the board argues violates the state constitution.
Pulaski County Circuit Court Judge Patricia James issued a preliminary injunction in January 2024 siding with the board, which led to the firing of then-Secretary Joe Profiri. The Supreme Court’s decision means the case will continue in circuit court while awaiting a final ruling.
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