Attorney Profiles

Gilbert G. Miller handles a wide assortment of criminal and civil appellate cases. He has handled cases in the United States Supreme Court and the United States Court of Appeals for the Third Circuit and has argued cases before the Supreme Court of New Jersey on five occasions. In New Jersey v. T.L.O., a landmark United States Supreme Court decision, Mr. Miller drafted the State's position on the applicability of the Fourth Amendment to searches of children by school teachers. Mr. Miller is the attorney of record in 30 published appellate opinions. In State v. Alston, his most recent reported decision, Mr. Miller reversed the conviction of an accused murderer. Mr. Miller is currently handling the appeal of Walter Tormasi, a juvenile who was convicted of murdering his mother. The brief submitted by Mr. Miller in the Tormasi case demonstrates his extraordinarily proficient appellate advocacy.

Mr. Miller has been in private practice since 1995. Prior to entering the public sector, Mr. Miller served as Deputy Attorney General in the New Jersey Division of Criminal Justice for seven years and as Chief of the Appeals Section for the Somerset County (NJ) Prosecutor's Office. As a Deputy Attorney General, successfully prosecuted Gino Lanzi, a notorious recidivist who repeatedly raped his two year old daughter. Lanzi was convicted of aggravated assault and resisting arrest. Branding Lanzi one of the most dangerous criminals he had come across, the trial judge sentenced him to life imprisonment plus 62 years. In a high profile front page case, Mr. Miller successfully prosecuted Ruth Parker, a Jersey City school teacher who engaged in sexual conduct with her students. Parker was convicted of official misconduct and sentenced to five years imprisonment. Mr. Miller also convicted Robert Martin, III a prison guard who engaged in sex with a juvenile detainee. The case established a precedent for punishing consensual sex with between guards and juvenile inmates as statutory rape.

Mr. Miller was the founder of the Appeals Section in the Somerset County Prosecutor's Office. In that capacity, he established the procedures of the section, supervised its personnel and was responsible for its daily activities. Mr. Miller also supervised the Somerset County Prosecutor's Office's Forfeiture Unit and Environmental Prosecutions Section. During his tenure as Chief of the Appeals section, Mr. Miller argued the State's position in State v. Blake and DeMarco, a murder case involving a controversy over access to subpoenaed records of a DNA expert employed in the O.J. Simpson case. Mr. Miller's adversary in that case was Barry Scheck, one of the attorneys in the Simpson case.