A Pulaski County judge ruled Friday that the Arkansas Board of Corrections retains supervisory authority over the Secretary of Corrections and the directors of the state’s prison divisions, striking down two laws signed by Gov. Sarah Huckabee Sanders.
Judge Patricia James granted a summary judgment in favor of the board, declaring Acts 185 and 659 of 2023 unconstitutional. The laws had transferred authority over the corrections secretary to the governor and authority over division directors to the secretary.
“Amendment 33 is unambiguous,” James wrote. It “vests management and control of Arkansas’s penal and correctional institutions in the Board, prohibiting the transfer of those vested powers to another officer or entity.” The ruling also permanently bars enforcement of the laws and specifies that the secretary and division directors “shall serve at the pleasure of and report directly to the Board of Corrections.”
The judge additionally affirmed the board’s right to hire and compensate its own legal counsel without interference.
Attorney General Tim Griffin, representing the state, said he plans to appeal. “I am disappointed by the ruling, confident in our case, and plan to appeal,” he said.
The dispute arose after Sanders appointed Joe Profiri, a former Arizona prisons official, as corrections secretary in 2023. Conflicts emerged over proposed prison expansions, with the board refusing to approve plans due to staffing shortages and lack of consultation. Profiri was later suspended and then fired by the board.
The Arkansas Supreme Court previously upheld the board’s preliminary injunction against the laws and dismissed the state’s attempts to disqualify the board’s attorney.
For original reporting from the Arkansas Advocate, click here.
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