Judge orders TRO in Corrections Board lawsuit, AG sues panel over FOIA violations

A tension-filled week of accusations, legal wranglings and political drama between Arkansas Gov. Sarah Sanders, Attorney General Tim Griffin and the state Board of Corrections ended with more acrimony and theater on Friday (Dec. 15).

For weeks, Gov. Sanders and the board have fought over plans to expand prison beds. Sanders has asked for additional space, while the seven-member corrections oversight panel has called for more details on funding and personnel to protect the prisoner expansion requests. Because the state Constitution gives autonomy to the board, the decision-making hasn’t been a purely executive decision for the governor. It led to Secretary of Corrections Joe Profiri being suspended with pay on Thursday, while a corrections board lawsuit was filed the same day to halt a new state law that it claims undermines its authority. Read more here.

All of this boiled to a new level of political turmoil on Friday as AG Griffin filed a lawsuit against the Board of Corrections for failing to comply with the state’s Freedom of Information Act, while a Pulaski County judge issued a temporary restraining order (TRO) in favor of the board in its lawsuit.

The board’s lawsuit claims Act 185 of 2023 violates the state Constitution, which grants oversight of the state’s penal system to its seven-member panel. Act 185 says the Secretary of Corrections will serve at the will of the governor, not the board.

“The injury alleged is substantial and relates to the Board’s constitutional authority to supervise the Department of Corrections and the Secretary of Corrections,” Pulaski County Judge Pattie James wrote in issuing the TRO tied to the Board of Corrections lawsuit. “Absent relief, [the board] will suffer immediate and irreparable harm because Defendants caused additional beds to be added to inadequate prison facilities.”

“Pending further order, the Board of Corrections has the authority under Amendment 33 to supervise and manage the Secretary of Corrections and Directors of the Division of Correction and Division of Community Correction, who serve at the Board’s pleasure,” James added.

She set a Dec. 28 hearing date to consider initial arguments in the legal matter. You can read her TRO here.

Griffin’s lawsuit against the board claims it violated the state’s Freedom of Information Act when it went into executive session to suspend Profiri and when it hired outside legal counsel. The board hired Little Rock attorney Abtin Mehdizadegan in the case before James.

“In the lawsuit, I am asking the court to take three actions: First, to void the board’s illegal agreement entered into with an outside counsel because that agreement was the direct result of an illegal executive session. Second, to void the board’s decision to appoint an acting executive in charge of the Department of Corrections because that decision was also the direct result of an illegal executive session. And third, to order the board to fully respond to my FOIA request,” Griffin said.

You can read Griffin’s lawsuit here.