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12 hours ago
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Arkansas Corrections Board lawsuit against governor stays alive with Supreme Court ruling
Arkansas Supreme Court (Courtesy Photo) A lawsuit over who has the ultimate authority over the state prison system gained renewed life Thursday with the dismissal of a state appeal of a lower court preliminary injunction. The Arkansas Board of Corrections filed a lawsuit in Pulaski County Circuit Court on Dec. 14, 2023 against Gov. Sarah Huckabee Sanders, the secretary of state and Arkansas Department of Corrections, challenging the constitutionality of Act 185 and 659 of 2023. Act 185 requires the secretary of corrections to serve at the pleasure of the governor rather than the board, while Act 659 alters the reporting structure for the directors of the Division of Correction and Division of Community Correction, requiring them to serve at the pleasure of the secretary rather than the board. The board argued the laws violate Amendment 33 of the Arkansas Constitution, which protects the power of constitutional boards like the board of corrections from 'usurpation by the Governor or the General Assembly, or both,' according to Thursday's ruling. Arkansas judge sides with prison board in dispute with governor, corrections secretary A circuit court judge granted a preliminary injunction in January 2024, which Attorney General Tim Griffin appealed. The Supreme Court's ruling Thursday dismissed the state's motion to send the case back to the circuit court, order the preliminary injunction vacated and the case dismissed as moot. The high court also dismissed a motion to disqualify the corrections board's attorney from further participation in proceedings before the court. In its motion to remand, the state argues the controversy ended when the board fired former Corrections Secretary Joe Profiri. The firing was part of a dispute between the board and the executive branch that started in late 2023 over who controls the state's prison system. The board's refusal in November 2023 to approve a request to increase prison capacity by 500 beds prompted harsh public criticism from Griffin and Sanders. The board responded by hiring an outside attorney the following month to represent it in employment matters. Because Profiri was fired prior to the entry of the preliminary injunction, the lower court's finding of irreparable harm was erroneous, the state argued. The board said it wasn't seeking court confirmation of its right to fire Profiri, but relief from the legislation regarding the board's authority under Amendment 33. Writing for the majority, Chief Justice Karen Baker said she agreed with the board's assertion that Profiri's termination doesn't resolve the ultimate question of whether the board controls the secretary or division directors, and therefore the dispute is not specific to the individual holding the secretary's office. 'The Board's complaint concerns the Challenged Legislation and the resulting changes to the Board's supervisory authority. This dispute exists notwithstanding the individual who holds the Secretary position and is not personal to Secretary Profiri,' Baker wrote. 'Further, because this case presents an existing legal controversy, it is not moot. Therefore, we deny appellants' motion to remand.' The state also filed a motion to disqualify the legal counsel obtained by the corrections board, arguing the firm was obtained illegally. The board didn't follow state law for securing outside counsel, and the board did not have the 'authority to hire special counsel because the Board is not a constitutional officer,' the attorney general's motion argued. The circuit court denied this motion, explaining that 'the Board is a constitutionally created board, making its members constitutional officers' who therefore had the legal authority to hire special counsel. The attorney general typically represents state agencies, but state law gives constitutional officers the ability to hire outside counsel when they disagree with the attorney general over a constitutional provision. In dismissing this motion, Baker notes the board correctly points out that 'an order denying a motion to disqualify adversary's counsel in a civil proceeding is not an appealable final order.' 'As a general rule, an appeal from an interlocutory decision brings up for review only the decision from which the appeal was taken, here, the granting of an injunction,' Baker wrote. The motion to disqualify the attorney is outside the scope of the Supreme Court's review of the preliminary injunction, she said. The high court majority affirmed the lower court's issuance of an injunction because its 'findings that there would be irreparable harm were not clearly erroneous.' The crux of the lawsuit, Baker wrote, is whether the board retains ultimate authority over the corrections secretary and directors or whether the challenged legislation constitutionally transfers that power to the governor and corrections secretary. 'The evidence presented to the circuit court demonstrates that, in the absence of the injunction, the dispute will be ongoing until the constitutionality of the Challenged Legislation is resolved,' Baker said. 'This, coupled with appellants' failure to even argue their likelihood of success on the merits, leaves us with little choice under our deferential standard of review. 'We hold that the circuit court did not abuse its discretion in determining that the Board demonstrated that irreparable harm would result in the absence of the requested preliminary injunction, and we affirm,' she added. Arkansas Supreme Court sends AG's FOIA lawsuit against prison board back to circuit court Special Justices Troy Braswell and Bud Cummins joined in the decision. Associate Justice Barbara Webb concurred in part and dissented in part. Associate Justice Shawn Womack dissented. Associate Justices Cody Hiland and Nicholas Bronni, both of whom were appointed by the governor, did not participate. Webb wrote that she agreed with the majority that the matter is not moot because Profiri's termination doesn't resolve the question of whether Acts 185 and 659 of 2023 are unconstitutional. She also agreed that it's not appropriate to disqualify the board's counsel at this time. However, she argues the board 'failed to demonstrate irreparable harm' and the circuit court therefore erred in enjoining the challenged acts. 'The crux of the Board's claim for irreparable harm was Secretary Profiri's alleged acts of insubordination, which were directly attributable to Act 185 requiring the Secretary to serve at the pleasure of the Governor rather than the Board,' Webb wrote. 'This harm is not irreparable…By definition, if a secretary may be terminated and his actions undone, then it cannot be said that any harm resulting therefrom is 'irreparable.'' In his dissenting opinion, Womack argues the court must vacate the preliminary injunction and dismiss the lawsuit because sovereign immunity bars the board's lawsuit against the governor, corrections secretary and Department of Corrections. Sovereign immunity, which Womack cites often in court opinions, is the legal doctrine that the state cannot be sued in its own courts. 'Even if that was not so, the Board would still lose because it failed to show irreparable harm — a necessary element to establish entitlement to a preliminary injunction,' Womack wrote 'Therefore, I also join the other dissenting opinion in this case.' Regarding the issue of the disqualification of the board's 'potentially illegally retained counsel, I again remind citizens of this state of their ability to protect themselves 'against the enforcement of any illegal exactions whatever,'' he said. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
23-05-2025
- Politics
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Arkansas Supreme Court sends AG's FOIA lawsuit against prison board back to circuit court
The Arkansas Supreme Court building in Little Rock. (John Sykes/Arkansas Advocate) The Arkansas Supreme Court on Thursday reversed a lower court's dismissal of the attorney general's lawsuit against the state prison board for violating the Arkansas Freedom of Information Act. The ruling, written by Associate Justice Rhonda Wood for the six-member majority, sends the case back to Pulaski County Circuit Judge Tim Fox for adjudication. Attorney General Tim Griffin filed the lawsuit on Dec. 15, 2023, alleging the Arkansas Board of Corrections violated the FOIA when it entered executive session during a pair of public meetings and improperly hired an outside attorney. Griffin also said the board failed to properly respond to a public records request from his office. Arkansas attorney general to appeal rulings in Board of Corrections disputes Fox gave Griffin 30 days to work with the corrections board on an agreement with an outside attorney to represent it. Fox dismissed the case without prejudice in January 2024, ruling Griffin's office failed to make an effort to initiate the statutory procedure that allows special counsel to represent state officials and entities. Griffin moved to vacate the circuit court's order, arguing his office could not certify special counsel until the board asked for legal representation, according to Thursday's order from the state Supreme Court. The attorney general typically represents state entities, but according to Thursday's order, Griffin argued his duty to represent the state corrections board depended on the board certifying its need for legal representation. 'He is correct,' Wood wrote, noting that the attorney general has no duty to represent state agencies until a certified request for services is made. '[Griffin's appeal] argues that the circuit court dismissed the action for his failure to accomplish what he legally did not have sole authority to do,' the order states. 'In response, the Board contends the circuit court had authority to dismiss the action under Arkansas Rule of Civil Procedure 41(b). Because we find the circuit court abused its discretion, we reverse and remand.' Special Justice Bud Cummins joined the decision, while Associate Justice Nicholas Bronni did not participate. The governor appointed Cummins, a former U.S. attorney, to replace Bronni, who recused himself from the case in January. Bronni served as the state's solicitor general in Griffin's office before Gov. Sarah Huckabee Sanders appointed him to the high court in December. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Associate Justice Shawn Womack dissented. In his dissent, Womack writes that even though the circuit court was right to dismiss Griffin's lawsuit, the dismissal should have been with prejudice and because of sovereign immunity, a legal doctrine that the state cannot be sued in its own courts. The case should be reversed and dismissed, said Womack, who regularly cites sovereign immunity in court decisions. 'Obviously, in most situations when the State brings a lawsuit, sovereign immunity is not implicated because the lawsuit does not make the State a defendant,' he wrote. 'But in those rare instances when the State is both the plaintiff and the defendant—as it is here—sovereign immunity applies, and the underlying lawsuit is barred.' In a social media post, Griffin praised the high court's decision, which allows his suit to continue. 'I sued the Board of Corrections to defend our Freedom of Information Act. I am thankful for today's Arkansas Supreme Court decision, which will allow that lawsuit to go forward,' Griffin wrote. 'I take defending the FOIA seriously, and I will not tolerate those who violate it.' The lawsuit is part of a dispute between the corrections board and the executive branch that started in late 2023 over who has ultimate authority over the state's prison system. The board's refusal in November 2024 to approve a request to increase prison capacity by 500 beds prompted public criticism from Griffin and Sanders. The board responded by hiring an outside attorney the following month to represent it in employment matters. The board voted 3-2 to hire Abtin Mehdizadegan, a labor and employment lawyer with the Little Rock firm of Hall Booth Smith. The vote came with almost no discussion after a 45-minute closed-door session. Griffin quickly questioned the board's authority to hire outside counsel without obtaining his office's consent, citing state law that says the attorney general's office represents state officials and entities. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
21-05-2025
- Business
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JE Dunn, Nabholz tapped for proposed $825M Arkansas prison
This story was originally published on Construction Dive. To receive daily news and insights, subscribe to our free daily Construction Dive newsletter. Award: State prison Value: $825 million Location: Franklin County Client: Arkansas Board of Corrections Nabholz Construction and JE Dunn have been tapped to build a proposed $825 million, 3,000-bed prison in Franklin County, Arkansas, that would be one of the largest public investments in recent state history. The Arkansas Board of Corrections voted to approve the contracting team made up of Conway, Arkansas-headquartered Nabholz and Kansas City, Missouri-based JE Dunn on Thursday. The goal of the project is to address prison overcrowding at the state as well as county level, according to the project website. It would house minimum- to maximum-security inmates. Arkansas Gov. Sarah Huckabee Sanders announced the purchase of the 815-acre property in the Vesta community just outside of Charleston to host the prison in October 2024. However, the state has not yet secured funding for the project, and a bill to appropriate up to $750 million for the prison failed multiple times in the Arkansas State Senate earlier this year, according to 40/29 News. Many Franklin County residents have pushed back on the plans, citing insufficient infrastructure, challenging topography, a lack of workers and fear of declining property values in the area. Opponents have questioned the Board of Corrections' $825 million price tag estimate. In March, an amendment to a failed appropriations bill would have established a restricted reserve fund allocating $1 billion for the project, 5 News Online reported, while Gravel & Grit, a nonprofit created to oppose the project, pegs the total cost at $1.5 billion, not including infrastructure upgrades. Nonetheless, the Corrections Board is using $75 million that had previously been appropriated for prison construction to move the process forward, the Arkansas Advocate reported May 15. In October 2024 the Corrections Board also approved a $16.5 million contract with Sacramento, California-based Vanir Construction Management to oversee the project, and picked Omaha, Nebraska-headquartered HDR and Cromwell Architects Engineers of Little Rock, Arkansas, for the design in April. For now, the state is conducting further environmental studies on the prison site, according to the project website. A cultural resource study is also likely to be undertaken to look for cultural and historic artifacts after members of the Chickamauga Nation recently warned that ancestors could be buried there, Axios reported last week. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
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16-05-2025
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Arkansas prison board chooses contractor to build new 3,000-bed penitentiary
Members of the Arkansas Board of Corrections attend a meeting at the North Little Rock headquarters on Feb. 12, 2025. Left to right: Lona McCastlain, William "Dubs" Byers, Chairman Benny Magness, Lee Watson, Brandon Tollett, Grant Hodges. Board member Alonza Jiles attended remotely. (Mary Hennigan/Arkansas Advocate) The Arkansas Board of Corrections on Thursday chose a partnership between Arkansas and Kansas City-based firms to build a proposed new 3,000-bed prison. In a special-called meeting via videoconference, the seven-member board unanimously accepted the recommendation of its selection committee to negotiate a final contract with the partnership of Nabholz Construction of Conway and J.E. Dunn Construction of Kansas City, Missouri. Board Chairman Benny Magness said he expects to appoint a negotiating team by the board's regular meeting on May 29. The choice of a general contractor for the new prison marks the latest step in getting the prison off the ground since Gov. Sarah Huckabee Sanders announced in March 2023 her intent to have the state build the mega-prison. Last October, the prison board hired California-based Vanir Construction Management as project manager for the prison. In April, the board chose Omaha, Neb.-based HDR and Little Rock-based Cromwell Architects Engineers as the design team for the 3,000-bed facility. Nabholz and J.E. Dunn both have extensive experience constructing correctional facilities, their representatives said Thursday. Dunn built a 2,552-bed prison in Tennessee that took 16 months to finish and was completed in 2015, according to its website. Nabholz has a 30-year history of working on Department of Corrections projects, said Jon Pahl, vice president of preconstruction. Board members were careful Thursday not to specify where the prison will be located; the motion to approve the contractor said only that the firms would be hired for 'the new prison build.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The planned prison became controversial last fall when Sanders announced on Oct. 31 that the state was buying 815 acres in rural Franklin County for $2.95 million on which to place the prison. Local officials and some lawmakers cried foul, saying they had been 'blindsided' by the decision. At least two citizen groups formed to voice objections to the site because of its remote location, which they said would make it difficult and expensive to provide adequate infrastructure and staffing. A bill to appropriate $750 million toward the prison project stalled in the last days of the General Assembly last month as lawmakers voiced concerns about the ultimate cost and continued to raise questions about the suitability of the Franklin County location. Administration officials provided an estimated cost of the project of $825 million, but opponents said it could cost upward of $1 billion. In a letter to Sanders the day the legislative session ended this month, Sen. Bryan King, R-Green Forest, asked the governor to use previously appropriated prison funds for their originally intended purpose —expanding the prison at Calico Rock — and taking other steps to increase state prison capacity instead of sticking to the Franklin County proposal. King was accompanied at a press conference that day by about 20 opponents of the west Arkansas prison site as well as members of the Chickamauga, an Indigenous tribe with a presence in Franklin County. Tribal officials called for an archaeological study before construction begins because of potential artifacts and burial sites in the area. The state hasn't committed to a formal study but has said it is conducting an assessment of the site for potential archaeological evidence. The prison board took care of other matters at Thursday's special meeting, including approving the purchase of 23 TruNarc drug-testing devices for $822,000. The corrections department has been using one of the devices and sharing among its facilities. An official said it is more accurate than previous drug-testing methods. The board also approved the purchase of 70 new Arkansas Wireless Information Network two-way radios to replace older ones at a cost of $166,000 and 10 zero-turn mowers for $107,000. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
11-04-2025
- Politics
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SESSION SNAPSHOT: Prison, library battles continue as Arkansas legislative session nears end
Sen. Jimmy Hickey, R-Texarkana, chairs a meeting of the Senate Committee on Revenue and Taxation on April 9, 2025. (Antoinette Grajeda/Arkansas Advocate) Long days and nights at the Capitol were the norm during the 12th week of the legislative session as Arkansas lawmakers rushed to get their bills considered ahead of their April 16 deadline. Legislators sent to Gov. Sarah Huckabee Sanders a bill that would establish harsher penalties for undocumented migrants who commit felonies, one of her priorities for the session. They also advanced bills that would amend the state's social media age verification law that was blocked in federal court and would allow parents to sue social media platforms for harming minors, additional legislative priorities for Sanders. While the immigration bill still awaited the governor's signature as of midday Friday, Sanders signed several other bills into law this week, including one that would clarify Arkansas' public meetings law by specifying what city council, quorum court and school board members can discuss outside of a public meeting. Meanwhile, lawmakers advanced legislation that sponsors hope will make it to the governor's desk next week, including bills that would increase the asset limit for Supplemental Nutrition Assistance Program (SNAP) recipients, prohibit diversity, equity and inclusion (DEI) offices and policies in local government and repeal a statewide mandate for public water system fluoridation. A committee also voted down a bill Wednesday that would extend Medicaid coverage for women to 12 months after birth if they don't already qualify for the state's Medicaid expansion program. Sanders has repeatedly said 12-month postpartum coverage would be 'redundant' and 'duplicative' because the state has other insurance coverage options. After five failed votes, a $750 million prison appropriation bill appeared dead Thursday as lawmakers struggled to secure the necessary votes to clear the Senate. Lawmakers are considering the appropriation to help fund an estimated $825 million capital project to build a new state prison in Franklin County. The 3,000-bed project has been rife with controversy since it was announced last fall, and that battle continued to play out on the Senate floor this week as lawmakers failed to gain enough support for the measure on Monday and Tuesday. Searcy Republican and Senate Bill 354 sponsor Sen. Jonathan Dismang said Thursday he doesn't think failure to approve SB 354 will be detrimental to the project. The Arkansas Board of Corrections already has $75 million it can use to move forward, and lawmakers can revisit funding during the fiscal session next spring, he said. Public library advocates experienced whiplash this week as they celebrated the defeat of one bill and then had to consider the threat of a new one less than 24 hours later. An Arkansas House committee on Wednesday evening rejected Senate Bill 536, a bill that would abolish the State Library and its board. Less than two hours later, Dismang filed Senate Bill 640, legislation that would remove all seven members of the State Library Board and allow Sanders to replace them later this year. CONTACT US SB 640 received initial committee approval Thursday morning and passed the full Senate in the afternoon. The bill was fast-tracked after the Senate suspended rules that generally require at least a day between committee approval and considering a bill on the floor. The bill is scheduled to be heard by a House committee Monday morning. Amendments have garnered new support for a bill that environmental advocates feared would endanger a moratorium on large animal farms in the Buffalo River watershed. Following negotiations with Senate Bill 290's House sponsor, Rep. DeAnn Vaught, R-Horatio, leaders of the Arkansas Department of Agriculture and Department of Energy and Environment said they were on board with the legislation. The watershed moratorium, which has been in effect for a decade, has been the source of a battle this session between environmentalists who fought for the initial ban and agricultural interests that said it infringed on private property rights. The amended version of SB 209 cleared a House committee Thursday and will attempt to make its way to the governor's desk next week. Lawmakers filed about 30 new bills by midday Friday, including: House Bill 1996 by Rep. Zach Gramlich, R-Fort Smith, would establish an educational alternative to civil penalties for certain violations related to child labor. House Bill 1999 by Rep. Denise Garner, D-Fayetteville, would require the state's education secretary to provide information about the Supplemental Nutrition Assistance Program (SNAP) to certain students. Senate Bill 632 by Sen. Fred Love, D-Mabelvale, would require hair relaxers that contain a carcinogen or reproductive toxicant to require a warning label. Senate Bill 641 by Sen. Dave Wallace, R-Leachville, would allow a sheriff to house work-release program participants. Lawmakers return to Little Rock on Monday for the final three days of the session. With the Senate poised to consider as many as 100 bills on Monday alone, legislative leaders said members should be prepared for more long days as they work to conclude their work by Wednesday. Meeting schedules, agendas and livestreams are available on the Arkansas Legislature's website. 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