Former Smethport attorney James P. Miller has been hit with a four-year suspension by the Supreme Court of Pennsylvania with a notation that he is “not fit to practice law.”
Miller, 55, is a longtime attorney who had been a district judge in Smethport, had worked in the McKean County public defender’s office and served as conflict counsel for the public defender’s office under contract with the county.
The suspension is effective Dec. 20.
He currently has an office address in White Oak, Allegheny County, and his firm’s website indicates he resides in Erie.
The Supreme Court’s action comes from a recommendation by the state Disciplinary Board, which suggested a two-year suspension back in June for Miller’s alleged neglect of around 50 clients in Erie County, including two juveniles who served time in adult incarceration with no contact from their attorneys.
The court’s opinion detailed staff in Erie County Court administration dealing with letters and calls from inmates and families about Miller’s lack of response to communication, and lack of movement on their cases.
Citing what they called a “particularly egregious example of (Miller’s) neglect,” the judges detailed a case against a juvenile, Danny Ruiz, who was incarcerated in adult prison since the age of 15 and awaiting trial as an adult. Ruiz began sending letters to the court, because Miller hadn’t communicated with him during the 13 months he was appointed to represent him.
The court administrator said a prison counselor contacted him about Ruiz, concerned for the lack of attention to his case. Later, Ruiz’s mother did, too. Similarly, Mason Galbraith was 17, charged as an adult and in adult prison. Miller reportedly met with him once during the time he was to represent him.
Appeals in several cases were dismissed because of lack of action on Miller’s part, the opinion explained. While Judge John Mead in Erie County removed him from 50 cases in an attempt to speed things up for defendants, that didn’t happen, as Miller “severely procrastinated in transferring the files to the appointed counsel,” the opinion stated.
Also noted was that Miller testified to health problems that interfered in his abilities to work, but did not produce any medical records and did not file any motions to withdraw from cases due to medical issues.
“His unsubstantiated health problems do not warrant mitigation of discipline,” the opinion read. Aggravating circumstances were outlined, including what the judges called grievous neglect of two juvenile cases and failing to move forward on one criminal case he had asked to keep.