A judge has sided with the Arkansas Board of Corrections in a lawsuit filed against Gov. Sarah Huckabee Sanders.

Pulaski County Circuit Judge Patricia James heard testimony Thursday from corrections officials about safety in state prisons. She also listened to legal debates over the constitutionality of the way the board is managed.

Last year, Gov. Sarah Huckabee Sanders signed several criminal justice-related laws. These included the “Protect Act” which required violent criminals to serve more of their sentence, and Act 185 which gives the governor more oversight over prison management.

In her ruling Thursday, James sided with the Corrections Board, blocking Act 185 and parts of the Protect Act from going into effect until the lawsuit’s resolution.

Background

The laws, and current lawsuit, come amid calls for prison expansions from state officials. The Corrections Board approved 400 of the 600 additional prison beds requested by the Department of Corrections earlier in 2023. Shortly after, the governor held a press conference with Attorney General Tim Griffin calling the board’s reluctance to completely fulfill the request “unacceptable.”

Members of the Board of Corrections say conditions at state prisons are not safe enough to justify adding the extra beds. They cite issues with a lack of staff and quality facilities, putting inmates and corrections officers at risk.

Corrections Secretary Joe Profiri attempted to add the beds against the wishes of the Board of Corrections. After this, he was suspended and the current lawsuit was triggered. The lawsuit argues that Amendment 33 of the state constitution protects the board. The amendment regulates the governor’s involvement with boards in the hope of preventing political interference.

Thursday’s hearing

Traditionally, the board would receive legal representation from the state attorney general, but since they are suing the state, they hired outside council.

In his opening statement, Corrections Board attorney Abtin Mehdizadegan said his opposing counsel was not making arguments “on the merits.” He argued that allowing the governor to have a say over the Board of Corrections could set a dangerous precedent. He said it could, for example, give the governor the ability to appoint employees of public colleges.

He went on to say that the Board of Corrections “did their best” to add new prison beds.

His opening statements were interrupted by a bomb threat which caused the courtroom to be evacuated for several hours. Upon returning to the courtroom, Mehdizadegan said the evacuation was a good example of the importance of prioritizing safety, and that the Board of Corrections merely had the same concerns.

Senior Assistant Attorney General Noah Watson responded by explaining that no one he represents had broken ethical rules.

Four witnesses testified in Thursday’s hearing. The first was Benny Magness, chairman of the Arkansas Board of Corrections. He said Corrections Secretary Profiri defied the board when he added 70 beds to the gymnasium of a prison in Malvern without permission. Magness called the bed placement “unorthodox” and said the board is required to provide prisoners with “some form of recreation.”

He also said it was irresponsible to add the beds without also adding extra staff.

“You have to put a whole new post together,” he said.

Profiri allegedly told Magness that he added the beds at the governor’s request. He also said the governor had attempted to give Profiri a $40,000 raise. When asked if he approved the raise, Magness responded “absolutely not.”

His comments were echoed by William Byers, a member of the Board of Corrections. Byers also said he “served at the pleasure of the board” and not the governor. Though on cross-examination, attorneys pointed out that the board has final approval on added beds.

Tommy James, an auditor for the board, testified next. He had previously authored a report detailing how state prisons are overcrowded and lack the right amount of staff.

“An understaffed prison leads to not enough supervision,” he said.

He referenced a recent incident where a man in seclusion at an Arkansas prison died of suicide. The man stayed in his cell for over an hour and a half before someone noticed.

“There were three people that should have been doing a minimum of five jobs,” he said of the prison guards.

During cross-examination, lawyers pointed out James had previously been fired from a corrections oversight job after it was revealed that he helped former inmates with their taxes pro bono.

In her ruling on the case, James said the Board of Corrections had “met their burdens.” She said the Corrections Secretary Profiri should continue serving “at the pleasure of the Board of Corrections.”

Profiri is currently barred from going back to work. The injunction also bars parts of the Protect Act and Act 185 from going into place.