LITTLE ROCK — U.S. District Judge Brian Miller doesn’t just burn the midnight oil when presiding over trials that run late at the federal courthouse here. Sometimes he sleeps there, too, and he’s not the only one.
District Judge D. Price Marshall Jr. prefers his own bed but has curled up on the couch in his courthouse office during time-consuming trials.
Miller, from Helena-West Helena, and Marshall, from Jonesboro, occasionally choose convenience over driving more than 100 miles to enjoy the comforts of home. Marshall and Miller are among seven federal judges who hold court in the main federal court building for the Eastern District of Arkansas in downtown Little Rock. They also regularly preside over cases at Eastern District courthouse branches in Batesville, Helena-West Helena, Jonesboro and Pine Bluff.
Both started commuting to and from Little Rock when they served on the state Court of Appeals.
Then-Gov. Mike Huckabee appointed Miller to the state appeals court in 2007. Later that year President Bush nominated him to the federal bench, and Congress confirmed the nomination in 2008.
Independent reporting for Pine Bluff & Jefferson County since 1879.
“When I got confirmed and they bought furniture for my office, I had them buy a soft couch that was big enough for me to sleep on,” Miller said last week, adding that he spends no more than two nights in a row at the courthouse, even during long trials. Marshall was elected to the Court of Appeals in 2006. He was nominated for the federal bench by President Obama and took office in 2010.
James McCormack, the U.S. district court clerk for the district, said last week there are no federal rules prohibiting the judges from sleeping in the federal courthouse, and that their sleepovers do not raise safety concerns.
“Security doesn’t change whether a judge is here or not, because we’re locked down … secure 24-7,” he said.
McCormack said the occurrence is new among judges because historically most judges in the Eastern District have lived in or within a short commute of Little Rock.
The late U.S. District Court Judge George Howard Jr., who died in 2007 and was replaced by Miller in 2008, commuted less than 50 miles from Pine Bluff.
“This is one of the first times that judges have not moved to Little Rock or have not been Little Rock residents upon their confirmation,” McCormack said.
Marshall and Miller said last week they like living in eastern Arkansas and that it is actually more convenient for them when they drive to one of the four federal court house branches.
“It all really depends on the court calendar,” Marshall said. “Remember, all the judges have cases pending in all of those different divisions.”
Miller said his commute is about two hours from Helena-West Helena. Marshall’s takes a few minutes longer from Jonesboro. Both men they don’t mind the drive.
“It’s really not that bad,” Miller said, adding that he drove almost as far when he worked for a law firm in Memphis, Tenn.
He said exercises in a small workout facility on the second floor of the Little Rock courthouse and uses the shower there when he spends the night.
Marshall said he is fortunate to be one of the few federal judges who actually has a shower in his office.
“I am not nearly as faithful as my brother Miller about exercising,” he said.
Both judges said the commute is not difficult, depending on traffic, which is always more congested in Central Arkansas.
Miller said his car, a 2001 Lexus GS, has more than 330,000 miles on it and is still going strong.
“My car knows the way down and back,” Marshall said, adding that he opted to commute rather than uproot his two teenage daughters from school and his wife from home and the Jonesboro community.
Marshall said he drove a used Mercury Sable for several years. When he gave it to his youngest daughter last year when she turned 16 the car had about 120,000 miles on it, he said. He now drives a Toyota RAV 4.
McCormack said federal judges living in far-flung areas of court districts is becoming more commonplace in the digital information age.
“The courts want to take justice to the people within the district, and this way it really does enhance our presence in those very important areas within our district because they have the judges living there,” he added.