Judge Patricia James overturns settlement, keeps Arkansas Board of Corrections independent

Pulaski County Circuit Court Judge Patricia James overturned a proposed settlement Friday, keeping the Arkansas Board of Corrections independent. The ruling stops Gov. Sarah Huckabee Sanders from gaining control over the board, which was originally independent under the state constitution.

James rejected the settlement between the Board of Corrections and the governor that would have given Sanders authority over the panel. If approved, the deal would have ended a long legal fight over who oversees the board.

The dispute centers on Amendment 33 to the Arkansas Constitution, which made the board independent in 1942. The amendment passed after Gov. Homer Adkins tried to remove University of Arkansas Board of Trustees President J. William Fulbright.

Acts 185 and 659 of 2023 sought to place the board under the governor’s control. James struck down those acts in an October ruling.

Both the amendment and the acts allowed the board to fire then-Secretary of Corrections Joe Profiri. The board later hired its own attorney to fight the state’s challenges.

During the case, the terms of several board members expired. Sanders filled those seats with appointees more open to her position, leading to the settlement vote.

As part of the deal, the board agreed that Acts 185 and 659 were constitutional. James rejected the agreement in strong terms.

The court interprets the parties’ “settlement agreement” as not only an unjustifiable attempt to usurp the power of the people, but also an attempt to undermine this court and authority of the judiciary.

James also wrote that the court “summarily rejects the parties’ offer to take the first step down the slippery slope towards the degradation of our great democracy.” She said her ruling on the two acts could not be overturned, even though affected parties felt it should be.

A spokesperson for Attorney General Tim Griffin, whose office drafted the agreement, said, “We are reviewing the order.”

The governor’s office was contacted for comment. No response had been received by publication time.

Background on the board

The Arkansas Board of Corrections sets policy for the state Department of Corrections and oversees prison operations. Amendment 33 placed it outside the governor’s direct authority. A circuit court ruling on a settlement can be appealed to a higher court, though the source does not state whether an appeal is planned.