Crime & Public Safety
Pulaski County judge rejects settlement that would have expanded governor's control over prisons
A Pulaski County judge has rejected a proposed settlement that sought to give the governor greater authority over Arkansas’ prison system. The ruling, issued by Pulaski County Circuit Judge Patricia James, specifically declines to approve an agreement between the Arkansas Board of Corrections and the governor’s office that would have allowed the governor to hire and fire top corrections officials.
Judge James issued an eight-page order on Friday rejecting the settlement after reviewing arguments about two 2023 laws, Acts 185 and 659. She had previously found those laws unconstitutional under Amendment 33 of the Arkansas Constitution, which protects the authority of constitutional boards, including the Board of Corrections. In this ruling the judge said the proposed agreement went too far and risked undermining judicial authority and constitutional protections.
The dispute centers on whether the settlement could effectively set aside portions of the state constitution by reallocating board authority to the governor. The Board of Corrections and the governor’s office argued the laws were constitutional and jointly sought approval of their agreement; Judge James concluded approving the deal would permit parties to “contract and agree on the constitutionality of statutes and enforceability of court orders,” language she rejected in the order.
As a result of the ruling, the governance dispute over control of the Arkansas prison system remains in the courts. The governor’s office spokesperson stated the administration believes the agreement should move forward and that the attorney general’s office said it is reviewing the order; the judge’s decision prevents immediate implementation of the contested settlement.
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