In a significant development in Arkansas, Pulaski County Circuit Judge Patricia James ruled in favor of the Board of Corrections, asserting its constitutional independence and dealing a blow to Sarah Sanders and Corrections Secretary Joe Profiri. The dispute arose over plans to add temporary inmate beds in existing prison facilities. This ruling has far-reaching implications, as it tests the boundaries of authority granted to state boards under Amendment 33 of the Arkansas Constitution.
The case not only impacts the prison system but also raises questions about the independence of governing boards in other sectors such as education.
The conflict between the Board of Corrections and Sanders, Profiri, and Attorney General Tim Griffin began when Sanders and Griffin criticized the board for not approving Profiri's proposal to add over 600 temporary prison beds. The board, concerned about low staffing levels and inadequate infrastructure, approved only a fraction of the requested beds. Sanders and Profiri planned to proceed with additional beds against the board's disapproval, leading to a lawsuit and the suspension of Profiri without pay.
After an all-day hearing, Judge James converted her temporary restraining order into a preliminary injunction, blocking two new state laws from taking effect. These laws removed Profiri and other department directors from the board's authority. James found the Board of Corrections' arguments about its constitutional independence persuasive, indicating that the new laws likely violate the Constitution by weakening the board's authority. The ruling has sparked the possibility of termination for Profiri and an impending appeal by Attorney General Griffin to the Arkansas Supreme Court.
During the hearing, witnesses provided new insights into the ongoing dispute. Jerry Bradshaw, the former director of the Division of Community Correction, testified that he retired due to his unwillingness to work under Profiri's leadership. Bradshaw expressed concerns about low morale and cost-cutting measures that compromised inmate and officer safety. Tommy James, an auditor for the Board of Corrections, stated that the expansion plan for temporary beds was unsafe. However, a lawyer from the attorney general's office sought to discredit James' findings by highlighting his past employment issues.
The hearing also focused on procedural points, including the involvement of the attorney general's office in the litigation. Judge James ruled that the attorney general's office should not be disqualified from the case, although two attorneys representing the board in unrelated litigation were excluded from participating. Additionally, James recognized the board as a constitutional entity, allowing its members to hire outside counsel when they disagree with the attorney general on constitutional matters.
The hearing faced an unexpected delay when a bomb threat was made at the Pulaski County Courthouse. After the building was cleared by law enforcement, the proceedings resumed, underscoring the tension and significance of the case.
A signal of the importance of this issue to supporters of Sarah Sanders: The Pulaski County Courthouse in Little Rock was evacuated due to the bomb threat Thursday morning.Judge Patricia James' ruling in favor of the Board of Corrections in its dispute with Sarah Sanders and Corrections Secretary Joe Profiri has wide-ranging implications. The decision asserts the board's constitutional independence and challenges the authority granted to state boards under Amendment 33. This case not only impacts the prison system in Arkansas but also raises questions about the autonomy of governing boards in other sectors. The legal battle continues as Attorney General Tim Griffin plans to appeal the decision to the Arkansas Supreme Court, ensuring that this case will shape the future of the state's governance and administration of justice.
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