Governor Sarah Huckabee Sanders’ initiative to assume control of the Arkansas prison system has been deemed “unconstitutional,” according to a recent ruling by a judge, marking a setback for the governor.

Judge Patricia James of Pulaski County Circuit Court determined that transferring authority over the Arkansas Department of Corrections from the Board of Corrections to Sanders through two 2023 statutes violates the “plain text” of a specific amendment in the state constitution.

“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,” Judge James stated in her seven-page ruling issued 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 enacted the “Safer, Stronger Arkansas” legislative package, a move aimed at constructing a new 3,000-bed facility to alleviate overcrowding in state jails, as reported by KATV, an ABC affiliate based in Little Rock. However, the Arkansas Board of Corrections argued that the addition would endanger both staff and inmates due to inadequate staffing. Consequently, they filed a lawsuit contesting the statutes that would make the Arkansas secretary of corrections accountable to Sanders instead of the board.

This legal battle has sparked a significant power struggle regarding who holds the authority to implement changes within the state’s 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.”