Additional Statements

Floor Speech

Mrs. GILLIBRAND. Mr. President, today I wish to honor a truly brilliant and dedicated jurist who served New York and the Nation as a public servant his entire life. On Saturday, February 18, 2012, I was heartbroken to learn that my mentor and friend, Judge Roger J. Miner, a U.S. Court of Appeals judge for the Second Circuit, passed away of natural causes in his home in Hudson, NY.

I was extremely fortunate to have had the privilege to work with Judge Miner as a law clerk, when he served in the Northern District of New York. I cherished his confidence and support in all my endeavors and I feel blessed to have been able to call him a personal friend and mentor. He not only taught me clear legal analysis, but also inspired me with his integrity, fairness, and great love of public service. I will always remember his generosity, kindness and great intellect that taught me so much.

Born in Hudson, Judge Miner received his bachelor's degree from State University of New York at Albany and his law degree from New York Law School with honors in 1956, where he served as managing editor of the Law Review.

Judge Miner was admitted to practice in New York and in the U.S. Court of Military Appeals in 1956. Serving on active military duty from 1956 to 1959, Judge Miner was awarded the Commendation Ribbon with Medal Pendant for his work on the revision of the Manual for Courts-Martial. He was admitted to the Bar of the Republic of Korea in 1958. Judge Miner later was honorably discharged in October 1964 with the rank of captain in the Judge Advocate General's Corps, in the U.S. Army Reserve.

Judge Miner wrote Ohio State Law Journal Volume 67 in 2006 where he describes his defense of a person he believes to be the last civilian tried by court martial. The trial was conducted in Korea in 1958 during Judge Miner's service as an officer in the Judge Advocate General's Corps of the U.S. Army. Although a challenge to the jurisdiction of the court martial was rejected and the civilian defendant's conviction was set aside for another reason at trial--the Supreme Court ultimately decided that courts-martial have no jurisdiction over civilians. This development also led to the passage of the Military Extraterritorial Jurisdiction Act to allow for prosecution in U.S. District Courts of civilians employed by or accompanying the Armed Forces overseas.

After leaving active duty, he returned to Hudson, NY, to practice law with his father, and served as the city's corporation counsel from 1961 to 1964.

Judge Miner served as an assistant district attorney of Columbia County, and soon after became district attorney of Columbia County until 1975. The following year, he was elected as justice of the New York State Supreme Court, Third Judicial District, where he served for five years.

Judge Miner was nominated in 1981 by President Ronald Reagan to the U.S. District Court for the Northern District of New York. In 1985, President Reagan promoted Judge Miner to the U.S. Court of Appeals for the Second Circuit, where he served for nearly three decades.

Judge Miner was one of three finalists considered to fill a seat on the U.S. Supreme Court in the late 1980s, but ultimately was not nominated because he openly supported a woman's right to choose. As his wife Jacqueline has recalled she urged him to lie and say he was opposed to choice. He said, ``My reputation is too big a price to pay for a seat on the U.S. Supreme Court.'' This is an example of one of the many courageous choices he made throughout his life, where he put his integrity and what was right ahead of personal ambition or political expediency.

Judge Miner was an adjunct professor for his alma mater, New York Law School, and for Albany Law School. He also served as a member of the board of trustees of the Practicing Law Institute. He held honorary degrees from New York Law School, Albany Law School, and Syracuse University.

Judge Miner is survived by his wonderful wife of 36 years Jacqueline, four sons, Larry, Ronald, Ralph, and Mark; his brother Lance, six grandchildren, a nephew and a niece, and his extended family. My thoughts and prayers are with his family.

Mr. President, I ask all members of this esteemed body to join me as we honor the life and legacy of Judge Roger J. Miner. Our country has lost a great leader, and a fine jurist who will be deeply missed in New York and across the Nation.

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