Court backs Arkansas Board of Corrections, maintains board’s powers over secretary firing

LITTLE ROCK, Ark. – An ongoing argument between Gov. Sarah Huckabee Sander’s office and the Arkansas Board of Corrections reached a new level today with a court order.

Pulaski County Circuit Judge Patricia Ann James upheld the board’s lawsuit against the governor’s office and others. Her order maintains the board’s position that legislation passed during the 2023 general assembly included unconstitutional changes.

Judge grants restraining order in Arkansas Board of Corrections suit, attorney general sues board

By upholding the lawsuit, the board maintains control over the state prison system, a role established by Amendment 33 to the Arkansas Constitution.

The legislation in question came from two acts that contained provisions to remove control of the state prison system from the board to the governor’s office. This was done by placing the Secretary of Corrections under the governor’s control, and the Department of Corrections, which operates the prisons, and Community Corrections, which runs the parole program, under the secretary’s control.

Before the passage of the acts, all three roles reported to the board.

Gov. Sarah Huckabee Sanders appointed Joe Profiri as Secretary of Correction after taking office. Profiri was the former deputy director of the Arizona Department of Corrections.

Arkansas Board of Corrections votes to remove Corrections Secretary Joe Profiri

In mid-December, James granted a temporary restraining order, putting the disputed provisions out of effect. Shortly afterward the board voted to fire Profiri shortly after the restraining order was made, and on Jan. 10, the board voted to remove Profiri as secretary.

Sanders appointed Profiri as a special advisor to her office shortly after his dismissal by the board.

Included in the ruling were answers to arguments from both sides in the case.

Judge James denied the attorney general’s request to dismiss the attorney hired by the board, Abtin Mehdizadegan. But the judge also denied the motion by the board to disqualify the attorney general since it had represented the board in other legal matters.

Judge files order against Attorney General Tim Griffin in Arkansas Board of Corrections suit

In allowing the attorney general’s office to remain engaged, however, the judge did explain her ruling on Jan. 9 that two of the attorney general’s office attorneys, Senior Assistant Attorney General Christine Cryer and Assistant Attorney General Justin Brascher, “shall not be allowed to participate in any aspect of this case in any manner.”

Cryer had, until recently, worked for the Department of Corrections, a named defendant in the case, and James was concerned about “the appearance of impropriety.” Since Cryer was serving as a state’s attorney in this case alongside Brascher, he was also removed “as an abundance of caution” in the judge’s ruling.

“Although, there is no testimony that Ms. Cryer did anything improper in this case, it is the appearance of impropriety that is concerning,” James wrote in her opinion.

The attorney general’s motion to dismiss the entire case because the board is not a person was also denied.

Arkansas Board of Corrections member pushes back against Gov. Sarah Huckabee Sanders in open letter

The case’s next step will be an appeal being filed, confirmed in a statement by Griffin shortly after the Friday ruling.

“The judge’s ruling is consistent with what she said in open court previously,” Griffin said. “I am disappointed in the court’s ruling and look forward to our appeal.”

For the latest news, weather, sports, and streaming video, head to KARK.