In the event that the Attorney General and a constitutional officer disagree on the interpretation of any constitutional provision, act, rule, or regulation which affects the duties of that constitutional officer, the constitutional officer is authorized to employ special counsel to resolve the disagreement by litigation. This special counsel shall receive a reasonable compensation for his or her services.
Ark. Code Ann. § 25-16-711
Disputes between Attorney General and a constitutional officer
Applied in 2 court decisions — leading case Tim Griffin, in His Official Capacity as Attorney General of Arkansas v. Arkansas Board of Corrections; And Benny Magness, in His Official Capacity as Chairman of the Arkansas Board of Corrections (2025)
Most recently applied in Sarah Sanders, in Her Official Capacity as Governor of Arkansas; Lindsay Wallace, in Her Official Capacity as Secretary of the Arkansas Department of Corrections; And the Arkansas Department of Corrections v. Arkansas Board of Corrections; And Benny Magness, in His Official Capacity as Chairman of the Arkansas Board of Corrections (June 2025)
Acts 1975, No. 246, § 1; A.S.A. 1947, § 12-126.
Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.