Judge rules Arkansas Secretary of Corrections reports to board not Gov. Sanders

LITTLE ROCK, Ark. (KNWA/KFTA) — A Pulaski County judge has ruled in favor of the Arkansas Board of Corrections (BOC), saying the Secretary of Corrections and directors report to the board and not Gov. Sarah Huckabee Sanders.

Judge Patricia James said in her seven-page ruling on Oct. 31 that the attempt to shift supervisory power to the governor violates the state constitution.

The ruling strikes a pair of state laws, Acts 185 and 659, that would have altered the reporting structure for the secretary and directors, violating Amendment 33 of the Arkansas Constitution, which protects the powers of constitutional boards, such as the BOC, from being seized by the governor or General Assembly.

“The undisputed facts and laws 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 said in the ruling.

Under Amendment 33, James said the Secretary of Corrections and the Directors of Community Correction will serve and report to the board instead of the governor.