Benjamin K. Miller

The State of Illinois lost a judicial giant, a leader in court reform and ethics, a tireless advocate for victims of domestic abuse, and a world-class sailor with the passing of Justice Benjamin K. Miller.

Miller, 87, departed this life on Sunday, February 25, 2024, at Springfield Memorial Hospital.

Miller was born on November 5, 1936, in Springfield, Illinois, the son of Clifford C. and Mary M. Miller. After graduation from Springfield High School in 1954 and Southern Illinois University Carbondale in 1958, he received his law degree in 1961 from Vanderbilt University. In 1991, Miller was awarded an honorary Doctor of Laws degree from the John Marshall Law School, now UIC Law.

Upon completion of law school, Miller returned to Springfield and was in private practice from 1961 to 1976. He was a graduate of the U.S. Army Intelligence School and served in both the Army Reserves and Navy Reserves while practicing law. While in private practice, Miller was active in many community organizations and served as president of the Greater Springfield Chamber of Commerce, the Springfield Mental Health Association, and as a board member of Sparc and the Springfield-Sangamon County Youth Services Bureau. He was also a member of the Illinois State Bar Association, the Sangamon County Bar Association, and became the first male member of the Central Illinois Women’s Bar Association. He helped establish a Springfield center for battered women and provided legal advice to domestic-abuse victims.

In 1976, Miller was appointed to the Circuit Court for the 7th Judicial Circuit by the Illinois Supreme Court. He was elected to that position in 1978. He served as Presiding Judge in the Criminal Felony Division of the Circuit Court in Sangamon County from 1976 to 1980. In 1981, he was elected Chief Judge of the 7th Judicial Circuit and served in that capacity until 1982 when he was elected to the 4th District Appellate Court.

In 1984, Miller was elected to a ten-year term on the Supreme Court of Illinois, representing the 4th Judicial District, which covers much of central Illinois. He was re-elected in 1994.

Miller was elected the Chief Justice of the Illinois Supreme Court in 1991 and served until January 1, 1994. He is the first and only Chief Justice of the Illinois Supreme Court to be from Sangamon County and is one of only two attorneys to have their portrait hang in the Sangamon County Courthouse, the other being Abraham Lincoln.

As Chief Justice, Miller was well known for his intelligence, ethics, and forward-thinking approach, always championing ways to improve the court system. His work as Chief Justice led to profound changes in the judicial system. Miller formed the Illinois Family Violence Coordinating Council to combat domestic violence. Because of his groundbreaking efforts, the Justice Benjamin K. Miller Recognition Award was established to honor outstanding members of the community and the judiciary for their work in preventing family violence.

From 1988 to 1991, Miller chaired the Illinois Courts Commission, which is the constitutional body authorized to discipline or suspend members of the judiciary. In addition, as Chief Justice, Miller focused on expanding judicial performance evaluations statewide and adding non-attorneys to disciplinary hearing boards that ruled on lawyer misconduct. Miller clarified the restrictions on political activity by judges and judicial candidates by amending the Code of Judicial Conduct. He also established the Special Commission on the Administration of Justice, which produced reports on the management practices and administration of the state’s courts and juvenile justice system.

Miller had a lifelong interest in bioethics. He helped develop the medical-legal curriculum at Southern Illinois University School of Medicine and was an adjunct professor in the Department of Medical Humanities for several years.

Miller’s impact on the law is both significant and substantial. He wrote 487 opinions, participated in over 2,000 cases, and evaluated over 20,000 requests for review. He was particularly proud of his majority opinion that, in overturning a murder conviction, denounced forced confessions and police brutality. Miller also wrote opinions on rulings that ensured privileged communications between sexual assault victims and rape crisis counselors.

Miller retired from the court on February 1, 2001.

Post-retirement life was spent doing his favorite activity outside the law, which was sailing his 37-foot sailboat “Adventure” throughout the Caribbean and South America. His lifelong passion for “being prepared” served him well both in the courtroom and on the water. Even after retirement, his devotion to the law continued, leading Miller to serve in an Of Counsel capacity at the law firm of Jenner and Block in Chicago for many years.

One of Miller’s favorite sayings was, “It has been said that some people gain honor from the title they hold in life, while others give honor to that title by their having held it.” Justice Miller was certainly one of those people and was recognized as such in 2019 when the Lincoln Academy of Illinois awarded him the Order of Lincoln, the highest honor bestowed by the State of Illinois to one of its citizens for professional achievement and public service, in recognition of being the model of what a judge should be.

Miller was preceded in death by his parents, Clifford C. and Mary M. Miller.

He is survived by his sister, Carol Costello; nephews, John Costello and David (Julie) Costello; niece, Katherine (Mark) Whitlock, and her sons, Ben and Jack Whitlock. Miller is also survived by Jennifer A. Johnson, who was like a daughter to him; as well as many cherished friends who were as close as family.

Visitation and Funeral Ceremony: Family will receive friends from 1:00 p.m. until 2:45 p.m. on Saturday, March 23, 2024, at Butler Funeral Home - Springfield, 900 S. Sixth St., Springfield. A Ceremony will follow at 3:00 p.m. A private burial will be held at a later date.

Memorial contributions may be made to: Wooden It Be Lovely, 501 S. Douglas Ave., Springfield, IL 62704, or Sojourn Shelter Services, Inc., 1800 Westchester Blvd., Springfield, IL 62704.