The Arkansas Board of Corrections voted 4-3 to settle a multi-year lawsuit with the state Monday. The settlement involved two separate but intertwined legal disputes between the board and the state.
In 2023, former Corrections Secretary Joe Profiri attempted to add beds to a prison without board approval. As previously reported by the Arkansas Advocate, an internal audit said the prisons did not have the staff or facilities to accommodate the new beds.
The same year, Profiri was suspended by the board. Gov. Sarah Huckabee Sanders wanted to reinstate Profiri, prompting a legal fight over differing interpretations of state law.
Amendment 33 of the Arkansas Constitution outlines board powers and does not give the governor the right to reappoint board members. Act 185 of 2023 changed state law to say the secretary of the Department of Corrections serves at the governor's pleasure and not the board's. This means the board would have less power to oversee the department running the state's prisons, and potentially make the board less independent from the governor.
In order to litigate the dispute between Act 185 and Amendment 33, board members hired lawyer Abtin Mehdizadegan and law firm Hall Booth Smith.
Attorney General Tim Griffin says two years ago, two board members met privately in a parking lot to discuss the hiring outside counsel.
Arkansas has strong open records laws. Generally, meetings held to discuss board matters in private violate those laws. Griffin sued, saying the meeting over whether to retain the firm violated the Freedom of Information Act.
In the hiring case, Pulaski County Circuit Judge Patricia James ruled in favor of the Board of Corrections represented by Mehdizadegan. James granted first a restraining order and then a preliminary injunction against the state.
A settlement approved by board members Monday says they'll ask the Arkansas Supreme Court to reverse James' ruling, meaning the board would no longer have oversight over the state's Corrections Secretary and other leaders in the department.
Griffin offered a settlement to the board in March. The settlement requires the board to admit fault, stop using the law firm and to comply with the state Freedom of Information Act going forward.
Members were split at a Monday meeting. Outgoing Corrections Board chair Benny Magness opposed the settlement because he did not want the board admitting fault on behalf of individuals.
“It asks the board to admit wrongdoing on behalf of prior board members,” he said in a lengthy speech. “Some of whom do not agree with those admissions. It asks us to reverse a legal position some of which has already been upheld in court.”
Recently-appointed board Vice Chair Nathan Lee voted to accept the settlement.
“I think that would be in the board's best interest,” he said. “And I'm kind of looking forward to getting all the litigation behind us so we can just get into the business of supporting and advocating for the Board of Corrections.”
