LITTLE ROCK, Ark. – A legal battle is intensifying in Arkansas over control of the state’s prison system, with Attorney General Tim Griffin asserting the Board of Corrections (BOC) is not permitted to select its own legal counsel. The dispute stems from a civil suit brought against Griffin himself, triggering a conflict of interest that necessitates the governor’s involvement in securing outside legal representation for the board, according to a letter from Griffin’s office.
The core of the conflict revolves around the BOC’s attempt to retain independent legal counsel in its ongoing litigation with the Attorney General. Griffin’s office, in a letter to Abtin Mehdizadegan, the lawyer initially hired by the BOC, argued that Mehdizadegan’s appointment was “illegal from the start.” The Attorney General’s office maintains that representation of state officials falls under its purview unless a conflict of interest exists. Given the lawsuit is directly against Griffin, the governor must appoint or authorize outside counsel.
This isn’t a new development. The struggle for control over Arkansas’ prison system has been ongoing for two years, escalating after the Board of Corrections’ new majority fired Mehdizadegan as its attorney earlier in 2026. Litigation has centered on attempts by Griffin to disqualify Mehdizadegan and prevent him from receiving payment, alleging an illegal hiring process – claims disputed by Mehdizadegan and some board members.
The latest clash involves a disagreement over a court hearing. Mehdizadegan alleges that Griffin’s office “refused to consent to an emergency motion” to delay the hearing so he could attend the birth of his daughter. Griffin countered in a letter to the board, stating that his attorneys “promptly notified the parties and the court that my office did not object to resetting the hearing” after being informed of the family emergency. The hearing was ultimately delayed by seven days after a judge granted the request.
However, the broader issue extends beyond this specific incident. One member of the Board of Corrections has raised concerns about the Attorney General communicating directly with the panel, deeming it unethical and a violation of attorneys’ conduct rules. This suggests a deeper tension regarding the appropriate channels of communication and the boundaries of authority between the Attorney General’s office and the Board.
The BOC initially hired Mehdizadegan to represent them in a lawsuit against Governor Sarah Huckabee Sanders, stemming from two laws that shifted authority away from the board. These laws were temporarily suspended by the Arkansas Supreme Court pending the outcome of the lawsuit, adding another layer of complexity to the legal landscape.
The Attorney General’s move to restrict the BOC’s choice of legal representation underscores a broader power struggle within Arkansas state government. Griffin, sworn in as the 57th Attorney General on , after serving as Lieutenant Governor from to , appears determined to assert his office’s authority over legal matters involving state officials. This stance directly challenges the Board of Corrections’ autonomy and raises questions about the balance of power between the executive and independent boards within the state government.
The implications of this dispute are significant. If the Board of Corrections is unable to secure independent legal counsel, its ability to effectively litigate against the Attorney General – and potentially other state entities – could be severely hampered. This could lead to a weakening of the board’s oversight role and a concentration of legal authority within the Attorney General’s office. The outcome of this legal battle will likely set a precedent for future interactions between the Attorney General and other state boards and commissions.
The situation is further complicated by the ongoing lawsuit against Governor Sanders. The suspension of the laws shifting authority from the BOC by the Arkansas Supreme Court indicates the potential for significant legal challenges to the Governor’s actions and the Board’s ability to mount a robust defense will be crucial. The inability to choose its own counsel could significantly impact the board’s legal strategy and its chances of success in this case.
As of , the situation remains fluid. The Board of Corrections is awaiting guidance from the Governor’s office regarding the appointment of outside legal counsel. The outcome of this process will be a key indicator of the future relationship between the Attorney General’s office and the Board of Corrections, and will have lasting implications for the governance of Arkansas’ prison system.
