Retired York County Judge Miller dies

Retired York County Common Pleas Judge John Miller, who had a reputation as a thoughtful jurist and who issued a landmark decision in a same-sex adoption case in 1993, died Monday morning in York Hospital. 

Miller, a York County native and Ivy League-educated lawyer, served on the bench for decades before his retirement nine years ago, at age 81. Miller had celebrated his 90th birthday in March, his son, David, said. 

Miller was born in rural southern York County, near Cross Roads. He served in the Navy at the end of World War II and upon being selected for ROTC training, he went to college at the University of Pennsylvania, earning both his bachelor's and law degrees from the school. 

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Upon graduation, he eschewed offers to join big law firms in Philadelphia to return home and become, as his son described him, "a country lawyer," writing wills and handling legal work for his neighbors. He had offices in York and Stewartstown. 

"That was his personality," said York County President Judge Joseph Adams. "He wanted to come back to York even though he had so many other opportunities." 

He served as an assistant district attorney and as solicitor for a number of York County municipalities before being appointed to the bench by former Gov. Dick Thornburgh in 1980. He won election in 1981.

In December 1993, he issued the first ruling in the state allowing a gay couple to adopt. His son said the judge was a conservative person – a life-long Republican – but that his ruling had nothing to do with politics or his personal beliefs, that he was merely following the rule of law. 

"He felt it was appropriate," David Miller said. "He felt it was the right thing to do." 

According to the Women's Law Project, a public interest law center that advocates for women's issues, Miller issued his ruling "pretty quietly, (with) no fanfare" just as the center was planning to pursue a suit in court. 

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He served as a mentor to new judges. Two of his former law clerks – Maria Musti Cook and Andrea Marceca Strong – now serve on the York County bench. 

"Judge Miller was extremely bright," Adams said. "He was very well-respected. Very well-regarded." 

Retired Judge John Ulher, who had known Miller since he was a law student, said, "He had a wonderful sense of humor. He was genuinely a wonderful person, a great judge to practice before. When he retired, it was a significant loss to the legal community."

Miller served as a senior judge after his retirement from the bench, fully retiring just nine years ago.  

He was preceded in death by his wife, the former Mary Auten, a Lewisburg native whom he met while in college in Philadelphia.