by Mark A. Sylvester*
Judge David C. Miller
Judge David C. Miller’s legal career began when most of us were just trying to get through our high school math class. At the age of 16, the judge recalls purchasing his first stereo. When he brought the stereo home and hooked it up, the stereo didn’t work. So, he returned the stereo to the store, but they refused to give him a refund or a replacement. So, a young David Miller filed his first lawsuit in small claims court. He won that lawsuit, and the store had to give him a refund. That success taught him that the law could be used to protect your rights; and so began the legal journeys of David C. Miller.
Born and raised in Miami, Florida, Judge David Miller is the son of a successful workers compensation defense lawyer, H. Jack Miller of the law firm Miller, Kagan, Rodriguez and Silver, P.L. While the judge learned a great deal about the law from his father, it was the lessons in character and values that he learned from his parents that most influenced his life.
“Through my father I learned that the law could be used to protect your rights, but with my father it was about more than just protecting your rights, it was about doing what was right,” the judge said. “He is one of the most honest men I have known. He instilled in me the importance of honesty, and that has served as a guiding light in my personal life and on the bench.”
After graduating from Coral Gables Senior High School, Judge Miller went on to obtain his Bachelor of Arts from the University of Florida in 1975. Thereafter he attended Nova University School of law, obtaining his J.D. in 1979.
The Judge’s official legal career began in 1979, with a plaintiff’s trial firm. A change of course considering that his father had spent a lifetime as a defense trial lawyer. After a brief time, the Judge took a job as in house counsel for Liberty Mutual. His next move would be his final before taking the bench. In 1981, Judge Miller took a position with Stevens, Lynn where he practiced for 20 years as a trial attorney primarily handling professional liability cases.
Despite a successful career in private practice, Judge Miller was drawn to the bench by a desire to put aside the advocacy roll for a position that allowed him to help people on both sides of dispute resolve their issue in a just manner.
“I’ve always been interested in seeing justice served,” the judge said. “In my experience as a lawyer, I found that my roll as an advocate could at times lead to a subjective interpretation of justice. During my career there were times when I saw that interpretation stretched. In some instances, it presented a significant challenge to one’s morals and values. As a judge, you are not an advocate, you apply the law and labor to find the truth. It’s this roll that compelled me to find a place on the bench, and it is this roll that I find most fulfilling.”
In 2001, Judge Miller was elected to the Circuit Court bench. He initially presided in the criminal court from 2001 - 2006, before being assigned to the Civil Circuit General Jurisdiction Division where he currently presides.
Judge Miller’s judicial philosophy is one of activism. He believes in taking an active roll in his cases and gets very involved in his cases. “Some people would say that I get too involved, but I’m driven to get the legal and just result,” the judge said. “Sometimes that means going the extra mile, and if that means working on weekends or holidays, I’ll do it; much to the chagrin of my family, I’ve even cancelled vacations to move cases to resolution. I’ve also never been much to sticking to just the 4 golden words: granted, denied, sustained, and overruled. As a lawyer, and an advocate for my clients, I always wanted an explanation as to why a ruling was made. Now that I’m on the bench, I strive to give those explanations.”
Judge Miller is quick to recognize that he is human and can make a mistake. For this reason, he wants the parties to know that he is always willing to review his decisions on motions for rehearings. “If a party thinks I made a mistake, they should move for rehearing, the judge said. “Pride is not an issue for me, I’d rather make sure I get it right. That being said, I expect that if a party moves for rehearing that they are going to present me with solid evidence as to why such a hearing should be granted.”
When presiding from the bench, Judge Miller also tries to never lose sight of what it was like when he was a lawyer. “In some situations I felt like the Judge wasn’t listening, or wasn’t giving me enough time,” the judge said. “Motion calendar often felt like a cattle-call with each lawyer taking numbers. I try to do things a little differently.” In that respect, Judge Miller conducts his motion calendar in open court on a first-come, first-serve basis. There are no numbers or forms to fill out. When the parties have a team, they get in line in front of the bench and proceed. “I also try not to limit the parties to a set period of time,” the judge said. “Now if it’s going to be more than 10 minutes, I’ll ask the parties to either wait until the end of the motion calendar or reset the matter for special hearing, but in general, if it’s going to take 5-10 minutes, I’ll let the parties debate their positions.”
Outside of the courtroom, the judge enjoys daily walks with his wife and childhood sweetheart, Marilyn. They met at age 16 in high school and at age 19 eloped at the Courthouse while the judge was a student at the University of Florida. They just celebrated their 35th anniversary. “I married a Saint,” the judge said. “Because of Marilyn’s sacrifices, I was able to be a full time law student while we had two children at home.”
David and Marilyn have two sons, Jason, also a lawyer, age 32, is married to Victoria. They have three children whom David and Marilyn adore. They’re second son, Aaron, age 30, is a teacher and high school football coach and newlywed to Jessica.
The Judge is also a combat pistol shooting enthusiast. He frequently participates in a competitive form of self-defense combat shooting where the participants shoot paper targets in a real life self-defense scenario. They are scored on time and accuracy. “It’s a great way to relieve some of the daily stress,” the judge said. “The people that I shoot with can tell when I’ve had a tough week, because I tend to fire a lot more rounds and at a higher R.P.M.”
Mark A. Sylvester is a partner at the law firm of Leesfield & Partners, P.A. He specializes in representing plaintiffs in personal injury and wrongful death cases.
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