Brian S. Miller of Helena has been appointed by Gov. Mike Huckabee to fill, at least numerically, a slot left open by Court of Appeals Judge Andree Layton Roaf‘s retirement Dec. 31. He’ll serve until the next general election, when a successor will be elected. Miller will not be able to run for the seat.

Miller, 39, explained to us that we’ve been reporting inaccurately the nature of the court opening. He said Roaf’s term ended Dec. 31. But Judge John Pittman moved over in the 2006 election to run for her position on the court and was elected. The actual opening, then is for the seat Pittman vacated.


Miller, like Roaf, is black, so the 12-member Court of Appeals will continue to number two black members, including Judge Wendell Griffen. There had been three black judges, but Olly Neal retired at the end of the year.

If Miller’s appointment was announced by the governor’s office, I haven’t seen the announcement. But he was sworn in Jan. 1.


Miller had been a member of the Memphis-based Martin, Tate, Morrow and Marston law firm, working from its Helena office. A 1992 graduate of the University of Central Arkansas, where he enrolled after four years in the Navy, he’s a 1995 graduate of Vanderbilt Law School and has served, among other government positions, as city attorney in Helena, where his father, Dr. Robert Miller, was once mayor.

Miller primarily handled civil litigation and personal injuries cases. He said he mostly did defense work, particularly defending trucking companies.


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