Arkansas judge rejects prison board control settlement

Injunction remains in place

Arkansas Circuit Judge Patricia James on Sept. 25, 2026, denied a joint request to lift a permanent injunction blocking two laws that changed who oversees the state corrections secretary.

James’ order leaves in place her ruling that Acts 185 and 659 of 2023 violate the Arkansas Constitution. The laws moved oversight of the corrections secretary from the Arkansas Board of Corrections to the governor.

The board sued over the laws in December 2023, arguing that the change conflicted with Amendment 33, which concerns the authority of independent state boards. James issued a preliminary injunction in January 2024 and a permanent injunction in October 2025.

The Arkansas Supreme Court upheld the preliminary injunction in June 2025. It later directed James to consider the joint motion seeking to lift the injunction.

Board changed position

After James’ permanent injunction, three new members appointed by Gov. Sarah Huckabee Sanders joined the seven-member corrections board. Along with an earlier Sanders appointee, they formed a majority.

In March 2026, that majority approved a settlement advanced by Attorney General Tim Griffin. The agreement reversed the board’s earlier position and treated Acts 185 and 659 as constitutional. Board member Lee Watson and former board Chairman Benny Magness opposed the agreement and received permission to intervene in the case.

James concluded that the proposed settlement conflicted with the state Constitution and improperly sought to bypass a court ruling on the laws’ constitutionality. Her order rejected the request to remove the permanent injunction.

Sanders spokesperson Sam Dubke said the governor believes the settlement should be recognized and will urge the attorney general to appeal. The injunction remains effective while any next legal steps are considered.