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District says it is a nominal defendant in 10 Commandments lawsuit; administration recommends declining pro bono counsel
Summary
The board discussed a pro bono offer from First Liberty Institute in litigation over a law requiring posting of the Ten Commandments. Counsel advised the district is a nominal defendant and that the state attorney general is defending the law; administration recommended declining outside pro bono representation.
The board received an update on litigation tied to a recently enacted state law requiring schools to display the Ten Commandments (referred to in meeting materials as Act 573 of 2025). Counsel and the administration said the Attorney General—s office has intervened and is defending the statute on the merits, and the district is acting as a nominal defendant that implemented the law.
Board member Shasta Wagner (presenting as a legal update in the transcript) said First Liberty Institute offered pro bono representation to the district. The administration—s recommendation was to decline that offer because the district—s current posture is to implement the law and let the state—s AG defend its constitutionality. "We are taking a step back and we are not going to defend the constitutionality of this law," Wagner said, adding that the AG has intervened "and he has taken this case forward, because that's his job to do on behalf of the state of Arkansas." The board took the update as information; no action was taken during the meeting.
The administration said it is cooperating with outside counsel and the Attorney General's office and that, as nominal defendants, the district's role is limited to implementing the statute while state-level counsel handles the constitutional defense.
