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.
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.
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.
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