Roger Miner

Roger Jeffrey Miner (April 14, 1934 – February 18, 2012) was a United States circuit judge of the United States Court of Appeals for the Second Circuit and a United States district judge of the United States District Court for the Northern District of New York.

Roger Miner
Senior Judge of the United States Court of Appeals for the Second Circuit
In office
January 1, 1997 – February 18, 2012
Judge of the United States Court of Appeals for the Second Circuit
In office
July 22, 1985 – January 1, 1997
Appointed byRonald Reagan
Preceded bySeat established by 98 Stat. 333
Succeeded byRobert D. Sack
Judge of the United States District Court for the Northern District of New York
In office
September 28, 1981 – August 2, 1985
Appointed byRonald Reagan
Preceded byJames Thomas Foley
Succeeded byConstantine George Cholakis
Personal details
Born
Roger Jeffrey Miner

(1934-04-14)April 14, 1934
Hudson, New York
DiedFebruary 18, 2012(2012-02-18) (aged 77)
Hudson, New York
EducationState University of New York (BS)
New York Law School (LLB)

Education and career

Miner was born on April 14, 1934, in Hudson, New York.[1] He received a Bachelor of Laws from New York Law School in 1956. He received a Bachelor of Science from State University of New York in 1977. He served as a Captain in the United States Army Judge Advocate General's Corps from 1956 to 1959. He was in private practice of law in Hudson from 1959 to 1975. He was corporation counsel for the City of Hudson, New York from 1961 to 1964. He was an assistant district attorney of Columbia County, New York in 1964. He was the district attorney of Columbia County from 1968 to 1975. He was an adjunct associate professor, Columbia-Greene Community College from 1974 to 1979. He was a justice of the New York State Supreme Court from 1976 to 1981. He was an adjunct professor, New York Law School from 1986 to 1996. He was an adjunct professor of Albany Law School of Union University from 1997 until his death.[2]

Federal judicial service

Miner was nominated by President Ronald Reagan on July 28, 1981, to a seat on the United States District Court for the Northern District of New York vacated by Judge James Thomas Foley. He was confirmed by the United States Senate on September 25, 1981, and received commission on September 28, 1981. His service was terminated on August 2, 1985, due to elevation to the court of appeals.[3][2]

Miner was nominated by President Reagan on June 25, 1985, to the United States Court of Appeals for the Second Circuit, to a new seat created by 98 Stat. 333. He was confirmed by the Senate on July 22, 1985, and received commission the same day. He assumed senior status on January 1, 1997 due to a certified disability, serving in that status until his death.[4][2]

Supreme Court consideration

In 1987 after Robert Bork’s Supreme Court nomination was rejected by the Senate, President Reagan considered appointing Miner. Miner was alongside eventual nominee Anthony Kennedy and Ralph K. Winter Jr. one of three candidates considered acceptable by the Senate’s Democratic majority under the leadership of Joe Biden and Robert Byrd.[5] Miner was, however, opposed by some Senate Republicans,[6] and drew strong opposition from anti-abortion and right-to-work groups,[7] because of his refusal to state his position on abortion. The seat, formerly held by Lewis F. Powell Jr, ultimately went to Kennedy.

Kirsten Gillibrand, the junior Senator from New York, served as his law clerk from 1992-1993.[8]

Notable case

In January 1987 Miner and Jon O. Newman heard Salinger v. Random House, deciding that with unpublished works the right of the copyright owner to control publication took precedence over the right of "fair use".[9] This was interpreted as setting the right of an individual to privacy ahead of the public right to know.[10]

Death

Roger Miner died of heart failure at his Hudson home. He was survived by his wife, Jacqueline, several sons and a brother.[11]

See also

References
  1. "Second Circuit Redbook". Little, Brown & Company. 28 July 1984 – via Google Books.
  2. "Miner, Roger Jeffrey - Federal Judicial Center". www.fjc.gov.
  3. "Biographical information: Roger J. Miner". United States Court of Appeals for the Second Circuit. Retrieved March 17, 2011.
  4. Taylor Jr, Stuart (9 October 1987). "More Names Are Quietly Studied For Nomination to Supreme Court". New York Times. Retrieved 17 March 2011.
  5. "13 names run up flagpole". Daily News. October 27, 1987. p. 80.
  6. "GOP Objects to Half of White House List for Supreme Court". Louisville Courier-Journal. October 28, 1987. p. A3.
  7. Lauter, David; Ostrow, Ronald J. (November 8, 1987). "President Faces Depleted List of Court Prospects". Los Angeles Times. pp. 1, 18.
  8. Martin, Douglas (20 February 2012). "Roger J. Miner, Judge Who Valued Neutrality, Dies at 77". The New York Times.
  9. "SALINGER v. RANDOM HOUSE, INC., 811 F.2d 90 (2nd Cir. 1987)". Cornell University Law School. Retrieved 2012-06-13.
  10. McDowell, Edwin (January 31, 1987). "SALINGER V. RANDOM HOUSE, A GRAY AREA FOR PUBLISHERS". The New York Times. Retrieved 2012-06-14.
  11. "Roger J. Miner, 77, Dies; Judge Valued Neutrality". The New York Times. 21 February 2012.
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