Arkansas judge rejects prison board control settlement

Judge leaves injunction in place

Arkansas Circuit Judge Patricia James on Sept. 25, 2026, denied a joint motion to lift a permanent injunction against two laws changing who oversees the state prison system. Her order, described in the published account, keeps the circuit court’s ruling against Acts 185 and 659 of 2023 in place.

The laws moved oversight of the corrections secretary from the Arkansas Board of Corrections to the governor. The board sued in December 2023, arguing that the change violated Amendment 33 of the Arkansas Constitution, which concerns independent state boards.

James issued a preliminary injunction in January 2024 and a permanent injunction in October 2025, declaring both acts unconstitutional. The Arkansas Supreme Court upheld the preliminary injunction in June 2025 and later directed James to consider the joint request to lift the injunction.

Board changed position after new appointments

Between the permanent injunction and the Supreme Court’s direction, three new members appointed by Gov. Sarah Huckabee Sanders joined the seven-member board. Along with an earlier Sanders appointee, they formed a majority.

That majority voted in March 2026 to approve a settlement advanced by Attorney General Tim Griffin. The agreement reversed the board’s earlier position and said Acts 185 and 659 were constitutional. Board member Lee Watson and former board chairman Benny Magness opposed the settlement and received permission to intervene in the case.

James ruled that the parties could not use a settlement to bypass the court’s constitutional judgment. She said accepting the agreement would undermine judicial authority and the power reserved to Arkansas voters through the state Constitution.

A spokesperson for Sanders said the governor believes the agreement should be recognized and will press Griffin to appeal the ruling.