Arkansas Board of Corrections Accepts Settlement Offer for FOIA Violations

The narrow 4-3 vote places the board under the governor's control and acknowledges two controversial 2023 laws as constitutional.

Mar. 31, 2026 at 12:18am

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A dimly lit, cinematic painting of an empty government office space, with warm sunlight streaming in through the windows and creating deep shadows across the desks and chairs. The scene conveys a sense of political tension and the erosion of institutional independence.The settlement agreement between the Arkansas Board of Corrections and the state Attorney General's office casts a long shadow over the board's independence and its ability to provide oversight of the state's prison system.Little Rock Today

The Arkansas Board of Corrections has voted 4-3 to accept a settlement offer from the Attorney General's office, which would place the board under the control of the governor's office and require the board to agree that two laws passed in 2023 are constitutional. The settlement comes after the board was accused of violating the state's Freedom of Information Act in two separate incidents.

Why it matters

This settlement undermines the board's independence and ability to act as a check on the governor's power over the state's prison system. It also raises concerns about the constitutionality of the 2023 laws that the board is now required to acknowledge as valid.

The details

The first FOIA violation alleged a minor meeting between then-chairman Benny Magness and board member Lee Member to discuss possible litigation. The second alleged that the board met in executive session to discuss then-Secretary Joe Profiri's job performance, which is consistent with the law, but then continued discussing matters that should have been addressed in public. Part of the settlement requires the board to agree that Acts 185 and 659 of 2023 are constitutional, which would put the board under the governor's office.

  • The Arkansas Board of Corrections voted on the settlement offer on Monday, March 31, 2026.
  • The two laws (Acts 185 and 659) that the board is required to acknowledge as constitutional were passed in 2023.

The players

Arkansas Board of Corrections

The state agency responsible for overseeing the Arkansas prison system.

Attorney General's Office

The office that offered the settlement to the Arkansas Board of Corrections.

Gov. Sarah Huckabee Sanders

The current governor of Arkansas who recently appointed four new members to the Board of Corrections, including her former Deputy Chief of State and lobbyist, Jamie Baker, as the new board chair.

Benny Magness

The former long-time chair of the Arkansas Board of Corrections, who released a 64-page white paper criticizing the board's decision to accept the settlement.

Joe Profiri

The former Secretary of the Arkansas Department of Corrections, whose job performance was discussed by the board in executive session.

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What they’re saying

“Politics, Prisons and the Constitution, Why Arkansas needs an independent Board of Corrections”

— Benny Magness, Former Chair, Arkansas Board of Corrections

What’s next

The Arkansas Supreme Court will be asked to lift the earlier injunction preventing Acts 185 and 659 of 2023 from taking effect, now that the Board of Corrections has agreed the laws are constitutional as part of the settlement.

The takeaway

This settlement represents a significant blow to the independence of the Arkansas Board of Corrections, placing it under the control of the governor's office and requiring it to validate two controversial laws that were previously ruled unconstitutional. It raises concerns about the balance of power and oversight within the state's criminal justice system.