Arkansas Supreme Court Affirms Decision in Corrections Board Lawsuit, Allows Outside Attorney to Represent Board in Lawsuit Over Who Controls Department of Corrections' Highest-Ranking Officials

The Arkansas Supreme Court has cleared the way for an outside attorney hired by the state prison oversight board to continue representing it in a lawsuit over who controls the Department of Corrections' highest-ranking officials. The court's decision affirms its previous ruling dismissing a motion by Attorney General Tim Griffin's office to disqualify the outside attorney hired by the board in 2023. This ongoing legal battle between the Board of Corrections and Griffin and Gov. Sarah Huckabee Sanders over who ultimately controls the Department of Corrections' highest-ranking officials began with growing tensions between the board and former Corrections Secretary Joe Profiri in November 2023 over Sanders' demand that more beds be opened in the state's prison system.

Key Takeaways:

• The Arkansas Supreme Court has affirmed its previous decision to dismiss a motion by Attorney General Tim Griffin's office to disqualify the outside attorney hired by the Arkansas Board of Corrections in 2023.
• The high court also rejected Griffin's petition to reconsider the June decision, which allowed the outside attorney to represent the board in the lawsuit over who controls the Department of Corrections' highest-ranking officials.
• The dismissal of the motion to disqualify the outside attorney was part of a broader appeal to dismiss the corrections board's lawsuit, which the court has previously ruled is not moot despite the firing of former Corrections Secretary Joe Profiri.
• The case awaits a final ruling from the circuit court, with the board seeking to strike down state laws that provide that the corrections department secretary serve at the pleasure of the governor instead of the board, which the board alleges infringes on its authority under Amendment 33 of the state constitution.
• The board filed suit over the state laws on Dec. 14, 2023, and Pulaski County Circuit Court Judge Patricia James eventually sided with the board, issuing a preliminary injunction keeping authority over the corrections officials with the board while the lawsuit played out.
• Griffin appealed the decision, asking the Supreme Court to vacate the injunction and dismiss the case as moot in light of Profiri's firing, but the court ruled that the board was considered a constitutional officer under the state constitution, allowing them to hire outside counsel.

Statistics:

• The lawsuit was filed on Dec. 14, 2023, over a pair of state laws, which provided that the corrections department secretary serve at the pleasure of the governor instead of the board.
• The Pulaski County Circuit Court issued a preliminary injunction in January 2024, keeping authority over the corrections officials with the board while the lawsuit played out.
• Griffin appealed the decision, asking the Supreme Court to vacate the injunction and dismiss the case as moot in light of Profiri's firing.
• The Supreme Court ruled in June 2025 that the motion to disqualify the outside attorney was outside the scope of their review, and Griffin subsequently asked the court to reconsider.
• The court did not give a reason for not rehearing the matter in Thursday's one-page per curiam order, but noted that Justice Shawn Womack dissented, and Justice Barbara Webb concurred and dissented in part.

Sources:

• Opinion authored by Chief Justice Karen Baker in Sanders v. Board of Corrections (June 2025)
• Arkansas Supreme Court per curiam order dismissing motion to reconsider (Thursday, September 2025)
• Arkansas Advocate article, "Arkansas Corrections Board Lawsuit Against Governor Stays Alive with Supreme Court Ruling" (June 2025)
• Arkansas Advocate article, "Arkansas Prisons Board to Sue the State, Try to Suspend Secretary of Corrections" (December 2023)
• Arkansas Advocate article, "Arkansas Judge Sides with Prison Board in Dispute with Governor, Corrections Secretary" (January 2024)