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Cedar Rapids, Iowa 52401
Retiring district judge takes law seriously, but not himself
‘Unique and gifted judge disguised as a normal person,’ one lawyer says
Jul. 14, 2023 4:07 pm, Updated: Jul. 17, 2023 11:18 am
CEDAR RAPIDS -- Retirement for 6th Judicial District Judge Paul Miller means more travel, more biking and “no more long pants.”
Miller, dressed in a casual shirt and shorts, made that point at his retirement reception Wednesday at the Linn County Courthouse when his fellow judges were kidding him about his attire.
Miller, 71, retired this week after 13 years on the bench and 33 years as a criminal and civil lawyer, with 26 years of those in private practice.
Miller dodged a Gazette reporter for several weeks and wouldn’t commit to an retirement interview, which was his same response in 2013 after being appointed to the bench. However, the reporter ambushed him at his reception and he agreed to share a few thoughts.
Miller said he still enjoys his work as a judge but knew retirement was inevitable because he’ll turn 72 in two weeks -- the mandatory retirement age for judges.
“I hope I got better over the years,” Miller said, grinning. “I still enjoy the job, but I won’t miss the big caseloads and working every weekend.”
Miller has agreed to take senior status — meaning he will fill in for judges on vacation or when the court needs additional help. As a senior judge, he only has to work 65 days a year, though he likely will work more.
Not working full-time, though, will allow him to travel with his wife, Mary, and to see more of five grandchildren — ages 10 days to 9 years. He also will have more time to take biking trips in the mountains and other locales.
Respected, well-liked
Miller admits he doesn’t like talking about himself, but it didn’t stop his fellow court staff, judges and court reporters from sharing their impressions of the judge.
Most said he always professed to be the “hardest working judge” in the district but never took himself too seriously. He was well-liked and respected by all. He was fair to lawyers, litigants, defendants and victims.
“He never loses sight of the fact that he is there to help solve problems,” Judge Fae Hoover told The Gazette. “We became friends when he was the defense attorney on the (Linn County) drug court team. I encouraged him to become a judge back then.”
Of course, Miller didn’t let Hoover forget that and teased her that she hadn’t warned him about some task or obstacle he encountered as a judge.
Miller is known for his dry sense of humor, Cedar Rapids lawyer Tim Semelroth said.
“Judge Miller takes the law seriously, but he does not take himself too seriously,” Semelroth said.
“A lot of people come to court expecting the judge to be this imposing, intimidating figure,” he said. “When people walked into Judge Miller’s courtroom, they soon realized he was not that type. Judge Miller is whip smart, but he comes off like a friendly neighbor who is quick with a smile or a reassuring word.”
Sarah Hyatt, a court reporter, said Miller, in prepping for his daily dockets, “looked at each side fairly, looked at the bigger picture in each situation, and came up with reasonable conclusions, which I admired.”
Hyatt, who was Miller’s court reporter for many years, said they respected each other and their personalities “meshed well,” which is helpful because court reporters also assist their judges and learn to anticipate how the judge wants things done.
Johnson County Attorney Rachel Zimmermann Smith also said Miller is humble and good-humored but also has high standards.
“He is unflappable on the bench, even-tempered, and has no patience for lawyers who substitute theatrics for being prepared,” she said.
Miller “loved to chide” attorneys about their cases but always kept an open mind in the end, as judges should, Linn County Attorney Nick Maybanks said.
Maybanks recalled a vehicular homicide case where the defense lawyer argued their client didn’t cause the victim’s death because it was the victim’s decision to end life support.
Before closing arguments, Miller, outside of court, expressed doubts Maybanks could prove the case, but after Maybanks gave his closing argument, Miller later said, “OK, you’re back in the game.”
A ‘lawyer’s judge’
“He is a unique and gifted judge disguised as a normal person,” Iowa City lawyer Leon Spies said.
“He’s the consummate ‘lawyer’s judge’ — one who understands and appreciates the role of an advocate, is sensitive to the conflicting expectations of clients, lawyers and witnesses;, and excels at distilling the essentials of a case out of its complexities.”
Janet Lyness, retired Johnson County Attorney, agreed, saying Miller never backed away from difficult cases. He was always well prepared as a judge.
Lyness noted Miller handled the first contested case dealing with Iowa’s new and confusing “stand-your-ground” law in 2018. The law was part of a sweeping gun rights bill adopted in 2017, but it had no procedures to judges to follow in determining if someone was immune from prosecution.
A 22-year-old Iowa City man attempted to use that portion of the law, arguing he was immune to prosecution, during his trial stemming from an Aug. 27 fatal shooting on the Iowa City Ped Mall on Aug. 27, 2018.
Miller ruled the first-degree murder trial would go forward and then he would rule on the immunity issue, which would be decided based on trial evidence. A few months after the verdict, Miller ruled the stand-your-ground law was “void for vagueness” and couldn’t be used in WIlson’s defense.
Miller also noted in his ruling that because the law lacked uniform procedure for judges to follow, every judge possibly would interpret it differently, which happened in another county.
Cedar Rapids lawyer Mike Lahammer said Miller’s decisions were always well-reasoned and fair and that Miller was approachable and helpful.
“When I started private practice in 2002, he was still in private practice, and he welcomed me, offering himself as a contact and resource for any questions that I had,” Lahammer said. “This meant a lot to me at the time.”
Sixth District Chief Judge Lars Anderson said they will miss having Miller work full-time but is happy he will continue as a senior judge.
“Judge Miller is a hard worker, he has good judgment and is knowledgeable about the law,” Anderson said. “He is held in high regard by lawyers, and has a keen sense of humor.”
He also has been a mentor to many judges who came after him — “myself included,” Anderson said.
Liz Dupuich, an assistant U.S. Attorney, was appointed in May to replace Miller on the bench. She will start Monday.
Comments: (319) 398-8318; trish.mehaffey@thegazette.com
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