Roger Miner

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Roger Jeffrey Miner (April 14, 1934 – February 18, 2012) was a federal appellate judge serving on the United States Court of Appeals for the Second Circuit.[1]


Miner was born in Hudson, New York. After graduating from New York Law School, Miner served in the U.S. Army Judge Advocate General's Corps from 1956 to 1959 [2] before returning to private practice in New York. He was corporation counsel (city attorney) for the City of Hudson from 1961 to 1964 and District Attorney of Columbia County, New York from 1968 to 1975.

Miner's judicial career began with his election in 1976 to the New York State Supreme Court, a trial court on which he served from 1976-81. In 1981, President Ronald Reagan nominated Miner to the United States District Court for the Northern District of New York.[3] In 1985, President Reagan promoted Miner to the Court of Appeals for the Second Circuit.[4] In January 1987 Miner and Jon O. Newman heard Salinger v. Random House, deciding that with unpublished works the right of the copyright owner to control publication took precedence over the right of "fair use".[5] This was interpreted as setting the right of an individual to privacy ahead of the public right to know.[6]

In 1987 after Robert Bork's Supreme Court nomination was rejected by the Senate, President Reagan considered appointing Miner. However, due to his refusal to disclose his position on abortion, Reagan nominated Anthony Kennedy instead. Kirsten Gillibrand, the junior Senator from New York, served as his law clerk from 1992-1993.[7] He assumed senior status on the court effective January 1, 1997.[3]


Roger Miner died of heart failure at his Hudson home. He was survived by his wife, Jacqueline, several sons and a brother.[8]

See also[edit]


  1. ^ [1]
  2. ^ "History of the Federal Judiciary - Biographical Directory of Federal Judges". 
  3. ^ a b "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. ^ "SALINGER v. RANDOM HOUSE, INC., 811 F.2d 90 (2nd Cir. 1987)". Cornell University Law School. Retrieved 2012-06-13. 
  6. ^ McDowell, Edwin (January 31, 1987). "SALINGER V. RANDOM HOUSE, A GRAY AREA FOR PUBLISHERS". The New York Times. Retrieved 2012-06-14. 
  7. ^ Martin, Douglas (20 February 2012). "Roger J. Miner, Judge Who Valued Neutrality, Dies at 77". The New York Times. 
  8. ^ [2]

External links[edit]

Legal offices
Preceded by
James Thomas Foley
Judge of the United States District Court for the Northern District of New York
Succeeded by
Constantine George Cholakis
Preceded by
new seat
Judge of the United States Court of Appeals for the Second Circuit
Succeeded by
Robert D. Sack