Brothers and Judges - Millers: Brian sworn in as Richard retires

Last Friday, a rather unique changing of the guard occurred in Adams County Superior Court. Judge Richard “Dick” Miller marked the end of his tenure during a swearing-in ceremony, where he passed the gavel to his brother, Brian Miller.

Brian was successfully elected to the role of superior court judge in the 2012 primary election. Dick has served as judge since he first ascended to the bench in 1989, after serving as Adams County Prosecutor from 1972 to 1988.

During a ceremony conducted in the courtroom, a capacity crowd gathered. With the courtroom overflowing, the district court and curtains were opened so others could be seated there. They watched the turn of events through the tall glass walls that divide the two courts.

Dick Miller launched the day, entering the court and summoning his brother to come before the bench to be sworn in. When the official declaration of the oath was completed, the two brothers met on one side of the bench. Dick then removed his robe and bestowed it upon his brother, Brian.

Brian then took up residence for the first time on the bench, where he would watch the rest of the ceremony’s activities, which were punctuated by an impressive collection of speakers who paid tribute to Dick for his years of service as a judge. Accolades were given to both men, accompanied by gifts, anecdotes and more than a few humorous moments. Lawyers and a judge tipped their hats to the pair as well.

Having lost his voice, Brian shared just a few words, taking the opportunity to praise his brother for his distinguished career.

“Twenty-four years ago, the last time I participated in a ceremony like this, was when my brother was getting robed as superior court judge of Adams County,” he said. “Ever since then he has served with distinction. I have been very proud of the fact that wherever I have gone, wherever I’ve tried lawsuits in the state of Washington, attorneys have always talked to me, spoken to me, who have experience here in this courtroom in front of my brother, have talked about what a good experience it was.”

He also noted how his career is making a major change in direction.

“This will be a dramatic change in my life after 37 years of practicing law and being on the side of the bench. I am looking forward to it. Thank you all, by the way. Especially my family.”

Thursday, Dick sat down with The Journal to discuss his tenure as judge and was equally complimentary of his brother.

“I am grateful and proud of him. He’s a really, really good attorney,” Dick said. “He is much more experienced than I was. He has done an awful lot of big cases. That makes me feel good. Both, from the family standpoint, but also from the fact that I’m leaving and that the person following me is really competent to do the job right.”

The Millers come from a long line of local lawyers, dating back to their grandfather’s arrival in Ritzville in 1910. W. O. Miller relocated to the region from southern Indiana, by way of Mississippi. Their father, W.W. Miller, continued the family law practice, working with Milt Sackmann.

At 67, Dick Miller has been in the business since completing law school at the University of Washington in 1971. He was an undergraduate there in 1967, having been a member of Ritzville High School Class of 1963.

Brian, checks in at 64, as a 1975 graduate of Gonzaga University School of Law. He earned his bachelors degree from the University of Washington in 1970.

Both worked in the Adams County Prosecutors office as deputy prosecutors. Dick would go on to become prosecutor in 1972.

Reflecting on his career, the retiring judge recalled how he sought election to the bench, challenging an incumbent. During his campaign, he said he made a solid commitment to members of the community.

“When I ran for office, I indicated that I would be fair to everybody, try and treat them with respect and that I would decide things based up on what I heard, not by who they are or who their attorney was,” he said. “And, I wouldn’t embarrass the voters. I have tried to do that. I hope I have lived up to that. I have enjoyed it a lot.”

Dick Miller has enjoyed a long distinguished career working in the superior court on both sides of the bench.

“It was in 1972 that the commissioners wanted a (full time) prosecutor from Adams County,” he recalled. “They came to us and asked my dad and Milt if the younger guys would take over the prosecutor’s office.”

The younger guys were Dick and Steve Sackmann. Both were practicing law from the office of Miller and Sackmann.

“I think it was January 1972 that Steve became prosecutor and I was the deputy and then in that summer sometime he left the firm to be in house counsel for Pete Taggares and moved to Othello and I was appointed prosecutor and then ran several times.”

After a 16-year tenure as prosecutor, Dick realized it was time to run for judge. He was encouraged to do so by many in the community.

“I hadn’t really planned on running for judge,” he said. “I thought when the judge retires I might be interested. The year that I ran a lot of people, elected officials, business men and law enforcement around the county said ‘we want you to run.’ It was hard because it’s hard running against an incumbent but I ended up winning pretty handily. It was close in Ritzville. Then I won Washtucna and Lind and then in Othello two to one.”

In what was described as an intense campaign, Dick unseated Gordon Swyter, who had been appointed judge in 1971.

When he was robed, Dick recalls that it was a busy time. He predecessor did not remain in the area, so he was faced with transitioning on his own. His broad experience as a rural attorney played a key role.

“We had a pretty broad based practice, trial practice, commercial, probate, real property law,” he said of Miller and Sackmann. “Normal stuff in a small town that you do. A little bit of everything. A lot of that stuff I’d done. That’s what I found. A lot of us that are from more rural areas practicing law found that you’ve done a little bit of everything. When we went to the school (for judges) we found quite often, attorneys from large firms might have only done one or two things. They have done a lot of it but they have only done one or two things.”

With knowledge of many facets of law, Dick said becoming judge wasn’t as challenging as it could have been.

“I’ve heard a lot of attorneys over the years say they like judges from a smaller town because they have a much broader experience level,” he said.

Time is a key player in the development of a judge.

“It just becomes easier to resolve things. I have friends that are judges, I think they agonize over every little decision and then worry about it. Just by my make up, I’ve not been that kind of person. I have listened. Some times I don’t make up my mind right away on some things but usually I make up my mind and that’s it. Experience is important. Really important. Particularly trial experience because after all you, are a trial judge and if you haven’t done it, you really don’t have a clue what’s going on.”

How does Dick see himself as a judge?

“I think I am pretty relaxed. I am not real stringent with the rules and things. I have been told by a number of judges I have the most laid back relaxed court in the state,” he said. I don’t know if that’s true or not. It’s just my personality. I don’t believe in being real doctrinaire about things. I also don’t believe in trying to tell attorneys how to run their case. One of the things my dad told me when I started, and I think it has been really good advice. He said ‘let the attorneys drive the case.’”

As his career sunsets, Dick spoke about some of the cases he handled over the years and his love for challenging cases. He also said there was one type of case that caught his attention.

“There’s a group of cases that has always made an impression on me because of things that occurred when I was practicing law,” he said. “It’s cases where elderly people with some wealth are taken advantage of by someone. And I was involved in one or two of those when I was practicing, where I didn’t feel the judge really protected the person. I have always been really careful to make sure that person is protected from people who would, steal is probably not the right word. It’s really easy to take advantage of them. They are fearful of a lot of things and people will befriend them and talk them into just about anything.”

An avid outdoorsman, Dick said he hopes to do more of that in the coming months. He will also dedicate more time to his woodworking hobbies.

He and his wife, this fall will embark on a European river tour with a number of their friends from Spokane.

In the not too distant future, Dick said he may accept temporary roles in the court. Perhaps working in mediation or arbitration. For now, he is content to retire and sit back and watch as his brother follows in his footsteps.