Gov. Asa Hutchinson announced Tuesday that he has picked a longtime legal scholar to replace the state Supreme Court's chief justice, who is to resign at the end of the month.
Hutchinson said Howard Brill, who has taught courses ranging from ethics to civil procedure over the past 40 years at the University of Arkansas School of Law in Fayetteville, will make an excellent replacement for Jim Hannah.
Hannah has said he will resign Monday for health reasons.
"The qualities I look for ... is someone who is experienced in the law, someone that is respected among judges and lawyers, an individual who has a judicial temperament that can bring people together ... someone that can lead, someone that can guide and elevate the law here in Arkansas," Hutchinson said. "I don't believe anyone can fulfill that mandate and have the right judicial temperament and have the right judicial philosophy as professor Brill."
Brill will be sworn in Tuesday and will complete Hannah's term, which ends at the start of 2017. He will not be eligible to run for election to the seat.
Hutchinson praised Brill on Tuesday, describing the professor's accomplishments as "amazing," and said Brill's expertise in ethics, judicial professionalism and dedication to fairness make him a sound appointment.
Brill, 72, taught English and literature in northern Nigeria with the U.S. Peace Corps before graduating from the University of Florida with a law degree.
He has taught around the world and has written textbooks on legal damages and judicial ethics that are currently used in Arkansas law schools.
In addition to his legal work, Brill was the university's academics and compliance liaison to the NCAA and the Southeastern Conference between 1995 and 2010.
He is currently heading the 17-person committee to find the next chancellor for UA.
Although he has been appointed as a special justice several times over his career, Brill has never been a full-time judge.
Speaking after Hutchinson's announcement Tuesday at a Capitol news conference, Brill said he was "overwhelmed" and "humbled" by the appointment. He praised Hannah, who has spent the past 10 years as the head of the state's top court.
Brill said that in addition to being the leader of the court -- as well as an administrator of the state's court system -- he will be the "face of justice" for the public.
"That is a heavy responsibility," he said. "It requires education, it requires reaching out, it requires listening, it requires fulfilling all of those roles as a judge in a way we expect of all our judges."
There has been recent signs of tension on the Arkansas Supreme Court.
While Arkansans awaited a ruling on a challenge to the state's gay- marriage ban, Hannah and Justice Paul Danielson issued separate public letters of recusal, in which they accused other members of the court of intentionally delaying a decision in the case.
Ultimately, the state court did not rule on gay marriage. The U.S. Supreme Court settled the matter, ruling on June 26 that any state gay-marriage bans were unconstitutional, paving the way for same-sex marriages across the nation.
On Tuesday, Brill said he wasn't concerned about any past court problems.
"I'm looking forward as to what my role should be in leading the court ... the challenges and the caseload and the responsibilities that come to us," Brill said. "So I'm not looking back at all, that's not my focus, I'm looking straight ahead."
Asked to describe his judicial philosophy, Brill said he would focus on applying the constitutions of the United States and Arkansas to legal questions that go before the court.
John DiPippa, a dean emeritus at the University of Arkansas at Little Rock W.H. Bowen School of Law, said Brill "really comes, I think, from a classic mode of lawyer, who really does want to follow the law as much as possible and keeps his own biases out of it."
"He really values integrity. He's known as a teacher of ethics, but he's an especially ethical human being. ... [Brill] gets along with everybody in a good way. He knows how to work with people, treats people fairly and with respect," DiPippa said.
Former Arkansas Supreme Court Justice Bob Brown said Hutchinson's pick was "inspired" and that Brill has the respect of the legal community.
Although Brill will be the only justice on the court who hasn't been elected as a judge, Brown said Brill's intellect and skills as a leader will serve the court and the public well.
"The job, especially on the appellate bench, is more about a lot of reading and a lot of writing and then conferencing with your colleagues," Brown said. "My gosh, if you've been in the faculty lounge [for 40 years], you've earned your spurs."
Eddie Walker, the head of the Arkansas Bar Association, said Brill's understanding of the law will be much more valuable to him in the high court job than having spent time as a judge.
"A lot of people think in order to be effective in the legal community, you have to be abrasive, and that's simply not correct. [Brill's] professionalism is an example of civility," Walker said. "If you've got someone who's got the proper temperament and someone who's knowledgeable of the law, then those things are probably more important than a lot of other things."
Sen. Jeremy Hutchinson, R-Little Rock, is the chairman of the Senate Judiciary Committee, a practicing attorney and the governor's nephew. He said that given the recent publicized tension at the high court, Brill's "gravitas" and commitment to fairness make him a good choice to succeed Hannah.
"Most people in the state have never heard of him, but if you're a lawyer, you know him," Jeremy Hutchinson said. "He's so well respected and is the go-to for questions on ethics or integrity. Both sides of the political spectrum respect him."
DiPippa said Brill isn't partisan.
"I don't think you can accuse the governor of putting someone in the positions where they can exploit it for their own gain, personal or political," DiPippa said. "[Brill] doesn't have aspirations to run for office. The governor did well in picking someone so well-respected in the legal community, and who will not even appear to be ... interested in the politics of it."
Brill will go on unpaid leave at UA. He said he plans to return there to teach once his Supreme Court stint ends.
Metro on 08/26/2015