Attorney general calls Arkansas LEARNS Act opponents actions shenanigans is called petty

LITTLE ROCK, Ark. – The war of words is escalating in the case before the Arkansas Supreme Court over the implementation of the LEARNS Act.

Arkansas Attorney General Tim Griffin issued a statement Tuesday afternoon addressing what he called the “legal shenanigans” and “failure to comply with basic procedural rules,” in reaction to subpoenas recently filed by an attorney Ali Noland, who represents groups looking to delay LEARNS implementation.

The subpoenas in question were filed by Noland late last week to deposition by state legislative staff in the matter.

The LEARNS Act was centerpiece legislation by Gov. Sarah Huckabee Sanders intended to overhaul the state education system. The Republican majority legislature passed it quickly in its most recent session.

Noland asked for a temporary restraining order in Pulaski County Circuit Court, based on how the legislature invoked the emergency clause of the act. Judge Herbert Wright agreed and granted the restraining order on June 2, keeping it from going into effect until Aug. 1.

The delay could make the act difficult to put into effect for the upcoming school year. Griffin asked for and was granted an expedited Supreme Court hearing on the matter. Supreme Court briefings and responses were filed on June 5 and 6, and a decision is expected soon.

Griffin’s Tuesday statement was issued after he sent two letters, one to the Supreme Court and one to Wright. He outlined his five-point objection to the subpoenas in his statement.

“Through recent shenanigans, the plaintiffs in this case have attempted to circumvent the appropriate legal process,” Griffin stated. “Late last week, an attorney for the plaintiffs served deposition subpoenas on legislative staff to elicit testimony in connection with a June 20 preliminary injunction hearing that was scheduled in Pulaski County Circuit Court prior to this case being appealed to the Arkansas Supreme Court.”

Noland had a hotly-worded response to Griffin’s statement, calling his response “quite petty.” 

“It is highly unusual and, frankly, quite petty, for a sitting Arkansas Attorney General to put out a press release regarding a matter as mundane and technical as the timing of subpoenas for depositions, especially in a case that has been expedited at the Attorney General’s request,” she stated.

The attorney general stated the subpoenas are improper because they were filed in Pulaski County and not the Supreme Court. Griffin also stated his office did not receive proper notification, referring to them as “stealth subpoenas.”

Noland countered the AG's claims, stating the public should wonder why Griffin’s office was “fighting so hard to prevent the House and Senate Parliamentarians from testifying in this case,” and seeking to block the June 20th hearing in Wright’s court.

The state Supreme Court has not yet issued an opinion nor given a timeline for when its decision may come.



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