Arkansas Attorney General Tim Griffin is attempting to block several potential witnesses from testifying in the lawsuit over the LEARNS Act, ahead of a court hearing today.
In a motion filed Thursday evening, the attorney general's office asked Pulaski County Circuit Judge Herbert Wright to quash subpoenas for former Arkansas Senate parliamentarian Steve Cook and Education Secretary Jacob Oliva.
Wright had yet to issue a ruling Monday evening as to whether Cook and Oliva can testify at today's hearing.
Ali Noland, an attorney representing the group of Phillips County residents who are suing the state over the LEARNS Act, has sought testimony from Cook and Oliva. Noland has contended Cook could provide key testimony in her lawsuit, which claims the General Assembly failed to follow the Arkansas Constitution when passing the LEARNS Act.
The lawsuit argues the state has unconstitutionally enforced the LEARNS Act, saying lawmakers erred when passing its emergency clause, a procedure that allows laws to take effect immediately. Instead of becoming law when Gov. Sarah Huckabee Sanders signed the legislation in March, the LEARNS Act should instead take effect Aug. 1, the lawsuit contends.
With the case centering on a parliamentary procedure, Noland has sought the testimony of Cook. In response, Assistant Solicitor General Michael Cantrell filed a motion to quash the subpoena for Cook, arguing "matters concerning this core legislative activity are absolutely privileged."
Cantrell said his motion was on behalf of more than 100 members of the General Assembly who have special privileges granted to them in the Arkansas Constitution, which says lawmakers cannot be compelled to testify on legislative matters. Cantrell argues the privilege extends to legislative staff such as Cook.
Noland responded by saying Cook had said he is no longer represented by the Attorney General's office, and Cantrell is "asserting a privilege that Mr. Cook has not invoked." Noland also contends the General Assembly is not a party to the case, and Cook is not covered by legislative priority.
The motions come days before the sides are set to meet in court for the first time since the lawsuit was filed May 8. On Thursday, the state Supreme Court overturned a temporary restraining order Wright issued that blocked the state from enforcing the LEARNS Act, clearing the way for the law to take effect again.
For the plaintiffs, the timing of when the LEARNS Act can take effect is key, as they are attempting to stop a charter school nonprofit from taking control of the Marvell-Elaine School District in Phillips County.
The law, an overhaul of Arkansas' education system, was a priority for Sanders after she was sworn into office in January. In May, the state Board of Education used a provision of the LEARNS Act to approve a transformation contract, allowing the D.C.-based Friendship Education Foundation to oversee the school district.
The plaintiffs argue lawmakers violated the Arkansas Constitution by holding a simultaneous vote on the LEARNS Act, citing Article 5, Section 1, of the state constitution, which requires a "separate roll call" vote on an emergency clause. Instead, the House and Senate voted once for the LEARNS Act and the emergency clause.
The attorney general's office has argued lawmakers followed a normal procedure when approving the LEARNS Act, voting once on the bill and the emergency clause but recording it separately in the official legislative journals.