Arkansas Gov. Sarah Huckabee Sanders delivers the Republican Party”s response to then-President Joe Biden’s 2023 State of the Union address (C-SPAN/YouTube).
Gov. Sarah Huckabee Sanders’ attempt to transfer control over the Arkansas prison system to herself is “unconstitutional,” a judge ruled in the latest loss for the governor.
Pulaski County Circuit Court Judge Patricia James found that the shift in authority over the Arkansas Department of Corrections from the Board of Corrections to Sanders via two statutes proposed in 2023 “contravenes the plain text” of an amendment in the state constitution.
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“The undisputed facts and law establish that the Arkansas Board of Corrections is governed by Amendment 33 of the Arkansas Constitution and is charged with the management and control of the State’s penal and correctional institutions,” James wrote in her seven-page order on Friday. “When a statute conflicts with the Arkansas Constitution, it is the duty of the courts to uphold the Constitution and declare the statute void.”
In April 2023, Sanders signed the “Safer, Stronger Arkansas” legislative package into law, allowing for the state to build a new 3,000-bed prison and reduce overcrowding in jails, Little Rock-based ABC affiliate KATV reported. The Arkansas Board of Corrections maintained, however, that due to being understaffed, such an addition would risk the safety of staff and inmates. They sued, challenging the statutes that would have the Arkansas secretary of corrections report to Sanders, not the board.
What resulted was a power struggle over the authority to make changes to the state prison system.
James ultimately ruled that the secretary of corrections and the directors of the Division of Correction and Division of Community Correction report to the Arkansas Board of Corrections, not Sanders.
In a response to the ruling, a spokesman for Sanders suggested to Law&Crime that the efforts to create more housing in state prisons are mostly about inmates having been released too early. He also declared that the state’s high court will see the case.
“These laws are about protecting the people of Arkansas and ending the failed policy of catch-and-early-release, and the Governor is confident in the Attorney General and his team’s appeal to the Arkansas Supreme Court,” director of communications Sam Dubke said.
This is not the first time in recent days that Sanders has seen a ruling go against her. On Oct. 22, the same judge slammed her decision to delay a special election until next summer, contending that such an action would deprive citizens of their representation.
While agreeing that “the Governor has the sole ability to set dates for a special election,” James held that “that authority is not absolute.”
