The Historical Society of the Courts in the Eleventh Circuit 11th Circuit Historical News

Volume I, Number 2 May 2004 Message from the President

In this issue of Historical News, of you may know, the Society is working to create a we take a look at the legacy and narrative of the important history of the Southern career of Judge Don A. Pardee, District of and the Eleventh Circuit. senior judge of the Fifth Circuit A list of the artifacts collected by Federal Appeals who presided over the U.S. Court Judge Lewis R. Morgan are also highlighted in Circuit Court of Appeals for 28 this issue. Morgan’s papers, photographs, and other years before his death in 1919. oversized materials can be viewed at the Richard B. Judge Pardee was one of the Russell Library for Political Research and Studies at the oldest judges in any of the courts University of Georgia Libraries. prior to his death. Pardee is also remembered for his distinguished military service when Also featured in this issue is a Florida Bar News article he enlisted in a regiment raised by then Colonel James about former president Richard Nixon era judges, the A. Garfield. accomplishments of members within the Eleventh Circuit, and a reflection of the career of Judge Ralph The Society would also like to recognize Eleventh Wilson Nimmons, Jr., who presided in the federal and Circuit Court of Appeals Judge R. Lanier Anderson, state courts in Florida for 26 years before his death in who gave a memorable tribute to Judge Robert S. late November 2003. Vance during this year’s Robert S. Vance Forum On the Bill of Rights. I hope you enjoy this issue as we look forward to continually bringing you news about events and issues And a special thanks to the family of the late U.S. that are important to you. District Judge Norman C. Roettger for donating court related artifacts and memorials to the Society. As some — Jack Harkness, President

Brown v. Board of Education Appellate Oral Argument Re-enactment

The Judges of the 12th Judicial Circuit, in a Under the direction of Judge Durand Adams, local collaborative production effort with the Manatee judges will portray the members of the United County Bar Association, the Family Heritage House States Supreme Court. Judge Charles Williams will Museum and Manatee Community College will fill the role of attorney Thurgood Marshall and present “Brown” on Thursday, May 6, 2004 at 7 Judge Rick De Furia will portray attorney John p.m. at Neel Performing Arts Center on the campus Davis. Following the dramatization, the audience will of Manatee Community College. meet and hear from Mr. Earl Pollock, Chief Justice Earl Warren’s law clerk for the Brown decision and The year 2004 marks the 50th anniversary of the Justice Joseph Hatchett, the first African American landmark Supreme Court decision Brown v. Board to be appointed to the Florida Supreme Court, now of Education, which was aimed at ending racial retired from the 11th Circuit Court of Appeals. segregation in public schools. “Brown” will be a dramatization and re-enactment of the appellate oral The presentation will conclude with reflective arguments of the case. commentary and discussion among local educators continued, page 7 Artifacts

The Honorable Norman C. Roettger and Lewis R. • Judges James W. Kehoe, Eugene P. Spellman, and Morgan collected a number of court related artifacts Edward B. Davis, S.D. Fla., Nov. 2, 1979 and memorials which have been kept in excellent • Judge James C. Paine, S.D. Fla., Nov. 9, 1979 condition. U.S. District Judge Roettger’s artifacts were • Judge Lenore Nesbitt, Dec.19, 1983 recently donated to the Eleventh Circuit Historical Society, and 11th Circuit Judge Morgan’s papers were Presentation of Portraits sent to the Richard B. Russell Library for Political Research and Studies at the University of Georgia • Judge Emett C. Choate, S.D. Fla., March 20, 1974 Libraries. • Judge Charles R. Scott, M.D. Fla., Nov. 12, 1976 It is with the hopes that Roettger’s artifacts will be a • Judge Charles B. Fulton, S.D. Fla., West Palm Beach, useful source of information when the Historical Society June 30, 1978 pieces together a narrative of the important history of • Judge Charles B. Fulton, S.D. Fla., , Sept. 29, the Southern District of Florida and the Eleventh 1978 Circuit. • Judge Winston E. Arnow, N.D. Fla., May 7, 1981 The following is a list of artifacts in the form of • Judge George C. Young, M.D. Fla., Oct. 23, 1981 transcripts, programs, and invitations donated to the • Judge Joe Eaton, S.D. Fla., Feb. 14, 1986 Society by the family of the late Norman C. Roettger: Biographical /Historical Note: Lewis Render “Pete” Dedications and Ceremonies Morgan was born on July 14, 1913, in LaGrange, • Fifth Circuit Opening and Closing Ceremonies, Oct. Georgia. President John F. Kennedy appointed Morgan to 1, 1981 the U.S. District Court for the Northern District of Georgia. Morgan served in this position from August 10, • Eleventh Circuit Opening Ceremonies, Oct. 2, 1981 1961 to August 1, 1968, serving as chief judge from • Dedication of U.S. District Court Fort Lauderdale April 21, 1965 to August 1, 1968. On July 10, 1968, Facilities, Sept. 29, 1972 President Lyndon B. Johnson nominated him to the Fifth • Dedication Ceremony of the Federal Correctional Circuit Court of Appeals. He took senior status on Institution, Miami, Fla., March 26, 1976 September 1, 1978. When the Fifth Circuit split into • Groundbreaking of U.S. Courthouse, Miami-Tower two federal circuits on October 1, 1981, Morgan joined Building, March 31, 1978 the newly formed Eleventh Circuit and served as a senior judge until 1996. Morgan died on November 15, • In Memorium, Judge William O. Mehrtens, 1981 2001, in LaGrange, Georgia. Investitures The following is a list artifacts in the form of papers, photographs, and oversized materials collected by Lewis • Judge Norman C. Roettger, Jr., S.D. Fla., June 16, R. Morgan: 1972 • Judge William H. Stafford, N.D. Fla., May 30, 1975 Lewis R. Morgan Papers, 1961-1995 Collection Outline • Judge William Hoeveler, S.D. Fla., May 26, 1977 • I. Administrative, 1961-1995 • Judge Jose A. Gonzalez, Sept. 29, 1978 A. Dockets, Bench Books and Case Indexes, 1968-1995 B. Printed Opinions, 1961-1992 IN THIS ISSUE: C. Correspondence, 1961-1989 • Message from the President ...... 1 • Brown v. Board of Education 1. General, 1961-1989 Appellate Oral Argument Re-enactment ...... 1 2. Criminal Correspondence (Restricted) • Artifacts ...... 2 • Tallahassee’s Historical Courthouse ...... 3 3. Fifth Circuit Judges, 1968-1981 • The Legacy of Judge Don A. Pardee...... 4 4. Visiting Judges, 1973-1975 • Awards, Honors & Accolades ...... 6 D. Committees and Panels, 1968-1988 • Atlanta Bar Salutes Griffin Bell: ‘A Lawyer Involved in Mankind’ ...... 7 E. Charge Books, c. 1961-1968 • Nixon Era Judges Celebrate 30 Years on the Bench ...... 8 F. Civil Charges Notes, c. 1961-1968 • The 2004 Robert S. Vance Forum on the Bill of Rights10 G. Fifth Circuit Expansion and Realignment, • In Remembrance:Judge Ralph Wilson Nimmons, Jr...... 11 1969-1981

2 H. Judicial Miscellany, 1968-1980 D. U.S. District Court Single Judge/Jury Cases, • II. School Cases, 1968-1978 1963-1968 • III. Judicial Panels, 1961-1995 Photographs A. Three-Judge Court (U.S. District Court), • “Four Renders”: Lewis Render Morgan, James 1961-1978 Render Hill, Richard Render David, Captain Render B. Three-Judge Panels (U.S. Fifth Circuit Court Crayton, seated at Lion’s Club event. of Appeals), 1963-1966 • Lewis Morgan shaking hands with John F. Kennedy C. En Banc, 1968-1978 upon Kennedy’s visit to LaGrange, Georgia. D. Regular Panels, 1968-1995 • Standing: (L-R) Lewis R. Morgan, David W. Dyer, Elbert P. Tuttle, unidentified woman, unidentified man, E. Screening/Standing Panels, 1971-1978 John R. Brown, G. Harrold Carswell at Presentation of F. Interim Matters, 1968-1976 Portraits to Fifth Circuit Court of Appeals in • IV. Special Cases, 1963-1987 Jacksonville, Florida, December 2, 1969. A. Special cases, 1968-1972 • Judge Frank M. Johnson, Jr. in judicial robe, seated behind desk B. Temporary Emergency Court of Appeals (TECA), 1978-1987 • Snapshot of Fifth Circuit Court of Appeal judges in conference (all pictured except Judge Joe McDonald C. U.S. Fifth Circuit Court of Appeals Gas Cases, Ingraham) June 1970. 1974-1978

Tallahassee’s Historical Courthouse

The United States Post Office and Courthouse in Tallahassee derives its primary significance as a product of the WPA and as a continuing symbol of the Federal presence in Tallahassee. It is listed on the National Register of Historic Places as a contributing building in the Park Avenue Historic District in Tallahassee. The United Sates Post Office and Courthouse was constructed in 1937, during the Depression years, as a result of Federal Benefits funding. The Works Progress Administration came into being in 1935 as an agency of the Emergency Relief program enacted to provide a nationwide works program for unemployed persons. An additional $60 million was appropriated for the same purpose in 1935, and again in 1936. The United States work for artists. Eduard Buk Ulreich was selected Post Office and Courthouse in Tallahassee is the through a competition to paint the murals. Ulreich was product of the first appropriation. Construction began born in Hungary (1889) but migrated to the United on the building in 1935. It was designed by Eric States with his parents when he was six months old. Kebbon, a Washington architect, and built by Beers He studied at the Kansas City Art Institute for four Construction Company of Atlanta. years and spent time in the West before being accepted at the Fine Arts Academy where he was The site of the building, at the corner of Park Avenue awarded scholarships for the full four years of study. and Adams Street, was the site of the Leon County Among his major works are murals for the 1933 Courthouse between 1838 and 1879. The Leon Hotel Chicago World’s Fair; Radio City Music Hall; the United was located on the site from 1883 until 1925 when it States Post Office in Columbia, Missouri; Concord, burned. Upon completion in 1936, the building served North Carolina; Rockford, North Dakota; and as the main Post Office for Tallahassee and as the Tallahassee, Florida. The murals, on the north wall of Federal Courthouse. Since the postal service moved out, the main (original postal) lobby, were completed in 1939 the building has served as the Federal Courthouse and and depict the history of Florida. They are entitled related offices. “Five Flags,” “Bimini Island,” “Ponce de Leon,” The main lobby of the building was decorated with “Saturiba Receiving the French,” “Drake Attacking St. murals by the Treasury Department’s Section of Painting Augustine,” “Andrew Jackson,” “Osceola in Conference and Sculpture in accordance with the WPA to provide with Hernandez,” and “Modern Florida.” 3 The Legacy of Judge Don A. Pardee

Judge Don Albert Pardee, senior judge of the Fifth Chickasaw Bluffs, Mississippi, as well as the Union Circuit of the United States Circuit Courts of Appeals, victory at Arkansas Post. During the later stages of the was the oldest judge of any of the courts of the U.S. Vicksburg campaign, the regiment was attached to before his death in 1919. Pardee died at his Atlanta Grant’s command and saw action at Grand Gulf and home after suffering a sudden attack of acute Port Gibson. In the latter engagement Pardee led two indigestion. dangerous assaults under heavy fire that resulted in seventy-five men of the regiment being killed or Pardee was appointed to the U.S. Circuit Court for the wounded. Fifth Circuit by President Garfield in 1881. His commission was dated May 13 of that year. This commission at the time of his death antedated the Legal Career commission of any U.S. judge in any district or circuit Following Lee’s surrender, Pardee moved to New court or the U.S. Supreme Court. Orleans, where he made his home until his move to From 1891 until his death, Pardee presided over the Atlanta in 1896. In 1868 Judge Pardee was elected judge U.S. Circuit Court of Appeals as senior judge of the of the judicial district court, a Louisiana state court Fifth Circuit. This circuit embraced the states of Florida, having general jurisdiction over the parishes of Jefferson, Georgia, Alabama, Mississippi, Louisiana and Texas. St. Bernard and Plaquemine. He presided over this court for 12 years, being successively re-elected, and Earlier Years fulfilled the duties of the responsible and honorable office with learning, ability and impartiality, to the entire Born in Wadsworth, Ohio, in 1837, Pardee spent his satisfaction of the people of the district in the most childhood doing chores on his father’s farm. When he trying period of the history of Louisiana, following the turned 15, he was admitted to the U. S. Naval termination of the Civil War. Academy at Annapolis, Maryland. In 1857, after After retiring from the district court, Pardee formed a completing two cruises on the U.S.S. Preble, he law partnership with the late Colonel A.G. Brice, a resigned his appointment in order to pursue a legal prominent New Orleans attorney. In 1879 he was the career. Republican candidate for attorney general of Louisiana. In the same year he was elected a delegate to the Distinguished War Record Louisiana constitutional convention from the Sixth and Pardee established his law practice in Medina, Ohio, Seventh districts of New Orleans, defeating the late forming a partnership with Herman Canfield, a former James B. Eustis. As a member of the convention, he state senator. In 1861, with war clouds gathering, he participated in framing the constitution of the state of married his childhood sweetheart, Julia Hard of Louisiana. Wadsworth. When President Abraham Lincoln called for Judge Pardee was regarded everywhere as one of the volunteers, Pardee initially declined to enlist, citing his ablest judges of the U.S. courts. He was mentioned wife’s poor health. However, when the Union defeat at more than once for appointment to the U.S. Supreme Bull Run raised questions about Northern cowardice, he Court. The numerous decisions written by him and applied for a commission. Through Canfield’s influence published in the reports of the Circuit Court of Appeals he was commissioned Major of the 44th Ohio attest his learning and capacity of mind. Many of his Volunteer Infantry.Garfield met Pardee at Camp Chase, decisions are considered models of the purest judicial where the various Ohio regiments were being style. organized. Recognizing Pardee’s ability, he pulled strings to get Pardee transferred to the 42nd Ohio. Garfield’s estimate of Pardee’s ability turned out to be accurate, and during the Sandy Valley campaign, Pardee rendered service that was conspicuous for its skill and bravery. At Pound Gap he led his men in a difficult ascent of Pine Visit the 11th Circuit Mountain which successfully outflanked the enemy position.In November, 1862, after the 42nd Ohio was Historical Society website: transferred to Sherman’s Corps, Colonel Lionel Sheldon was elevated to brigade commander and Pardee was promoted to Colonel and placed in command of the www.ca11.uscourts.gov. regiment. With Pardee leading the charge, the 42nd participated in Sherman’s disastrous assault on 4 5 Awards, Honors & Accolades

The Miami law firm Kozyak, Tropin & Throckmorton, students who excel in the litigation skills program at P.A. (KT&T) was selected to receive the Law Firm University of Miami School of Law, partially funded by Commendation award from Chief Justice Harry Lee teaching services donated by Harley Tropin and Ken Anstead of the Florida Supreme Court. The awards Hartmann. ceremony was held Thursday, January 29, at the Court. Mr. Kozyak and other KT&T lawyers were instrumental The purpose of the Law Firm Commendation is to in reviving and expanding the mentoring program for recognize, when appropriate, a law firm which has minority law school students at UM School of Law. demonstrated a significant contribution in the delivery The Law School changed program’s name to the “John of legal services to individuals or groups on a pro bono W. Kozyak Minority Mentoring Program.” Mr. Kozyak basis. and Ms. Isicoff are also leaders in the Florida Bar Equal Opportunities Law Section (EOLS) and have initiated KT&T was founded 21 years ago, and since that time steps within the EOLS to expand the mentoring has grown from three to eighteen attorneys, all of program to all other law schools in Florida. whom have a long-standing commitment to pro bono legal service, and community involvement. KT&T KT&T lawyers also devote hundreds of hours a year to focuses its litigation practice in the areas of complex community service. Several serve on the boards of commercial contract and tort litigation, class actions, their synagogues and churches, mentor or teach young and securities fraud. The firm also represents some of children in the community, and serve on citizen the largest companies and lending institutions in the advisory committees. country when they are involved in litigation, workouts, While KT&T and its individual attorneys have received and bankruptcy matters in Florida. public recognition and awards for their service, each KT&T has a standing policy that all attorneys receive up continues to devote countless hours, not for that to 20 hours a year in credit toward their billing recognition, but because they want to. Service has requirement for time spent providing pro bono legal been, continues to be, and will always be, a significant service to the poor. Over the years, KT&T attorneys aspect and a defining purpose of KT&T and its collectively have spent thousands of hours representing attorneys. the legal needs of the poor in the South Florida community. KT&T as a firm and its attorneys individually, wholeheartedly recognize the obligation and Judge John Antoon was presented The Judge Gary C. opportunity to help those who would otherwise be Formet Award on January 20, 2004 by the Criminal unable to effectively access the courts because of their Law Committee of the Orange County Bar Association financial circumstances. (Florida). This award is presented annually to a jurist on the Criminal Court Bench exemplifying the qualities of KT&T attorneys also dedicate time to pro bono legal Judge Gary L. Formet, Sr. by exhibiting knowledge of services through bar activities. John Kozyak serves on the law and patience while promoting dignity in the the American College of Bankruptcy Pro Bono courtroom and working towards an atmosphere of Committee and raises funds for the Put Something Back fairness for all participants. Program. Laurel Isicoff has served as Chair of the Pro Bono Task Force of the Bankruptcy Bar Association of On December 18, 2003, K. Rodney May was sworn in the Southern District of Florida (BBASF), and helped as a United States Bankruptcy Judge in the Tampa develop the curriculum for the Bankruptcy Assistance Division of the Middle District of Florida. Judge May Clinic at St. Thomas University. was selected by a panel of judges from the Eleventh Circuit Court of Appeals from a field of more than 100 Mrs. Isicoff also helped establish and serves as a applicants. He is the Tampa Division’s fifth full-time Director and Vice President of the Bankruptcy Bar judge and his first day of hearings was scheduled for Foundation, a 501(c) corporation established by the January 13, 2004. BBASF, which raises funds from the legal community to support pro bono bankruptcy services in the Southern The Investiture for Magistrate Judges Monte District of Florida. KT&T was an initial donor to the Richardson and Marcia Morales Howard was held in Foundation, and through its five year pledge, helps Jacksonville on October 29, 2003. The ceremony was in underwrite the Foundation’s efforts. The Florida Theatre and had 700 in attendance. KT&T also provides scholarships to minority law

6 Atlanta Bar Salutes Griffin Bell: ‘A Lawyer Involved in Mankind’

The Atlanta Bar Association recently honored one of combination of qualities that make up this man. the most distinguished lawyers in Georgia law when it The phrase comes from a famous passage from one bestowed its Leadership Award on Griffin B. Bell. The of John Donne’s Meditations (XVII). former U.S. attorney general’s career highlights are well known, including Fifth Circuit judge, Attorney ‘No man is an illand, intire of it selfe; every man is a General, and adviser to presidents, but he’s also peece of the Continent, a part of the maine; if a known for what a biographer calls his “uncommon Clod bee washed away by the Sea, Europe is the sense.” leese, as well as if a Promontorie were, as well as if a Manor of thy friends or of thine owne were; any According to King & Spalding partner Richard A. mans death diminishes me, because I am involved in “Doc” Schneider, the Leadership Award is presented Mankinde... .’” to a member who inspires by his or her example, challenges by his or her deeds and reminds us all of our debt to the legal profession and community. And in Judge Bell’s case, the inspiration, the challenge and The Historical News is published quarterly by the Historical the reminder are all the same...answer your calling as Society of the United States Courts in the Eleventh Circuit. To obtain a copy or information about the Society, please contact: a lawyer, live up to the privilege that has been bestowed on you, be involved in mankind. Do not Wanda W. Lamar Executive Director just let the events of the world spin around you. Be The Eleventh Circuit Historical Society involved, use your voice, commit your energy, give P.O. Box 1556 something back. Atlanta, GA 30301 (404) 335-6395 Schneider also shared other insights into Bell’s career [email protected] at a luncheon where the bar presented its award. BOARD OF OFFICERS The following is an excerpt of Schneider’s remarks: Honorary Chairman “When I learned that the Atlanta Bar Association Judge R. Lanier Anderson would give its Leadership Award this year to Judge President John F. Harkness, Jr. Bell and when it became my good fortune to give Vice Presidents this tribute, I began to ponder again on the essence Ben H. Harris, Jr. of Judge Bell and what words I would choose to try Leonard H. Gilbert Emmet J. Bondurant to convey to all of us the personal warmth, the Secretary broad intelligence, the sense of humor, the backbone George L. Murphy, Jr. of a leader that is Judge Bell. Treasurer Halsey G. Knapp, Jr. And then an ancient phrase began to resonate in my This newsletter produced courtesy of The Florida Bar. mind, and for me, it seemed to hint at the special

Brown v. Board The event is sponsored in part by the law firm of from page 1 Holland & Knight LLP, Flagship Bank and The Bradenton Herald. The event will also be filmed by Manatee Educational Television for later broadcast. who were personally involved in this transitional time period. A dessert reception will follow in the Family The program is open to the general public and there is Heritage House Museum, directly across the commons no cost for admission. Please contact the Manatee County on the campus of Manatee Community College. Bar Association at (941) 741-4091 for further information.

7 Nixon era judges celebrate 30 years on the bench

The following is an excerpt from an article completed 54 civil and criminal trials — more than published in The Florida Bar News on September 1, twice the national average of trials for an active judge 2000. and more than any other judge in the country. “The year was 1970. The Vietnam War dragged on; Judge King is particularly respected for two seminal National Guard troops killed four students at a rulings in human rights law for immigrants. In Haitian protest at Kent State University; and Richard Nixon Refugee Center v. Civiletti, 614 F.2d 92 (5th Circuit resided in the White House when he appointed four 1980), Judge King halted the mass deportation of lawyers from Florida as federal judges. Peter Fay, Haitian refugees, ruling they were entitled to full James Lawrence King, Paul Roney and Gerald Tjoflat hearings on their political asylum applications before all went through Senate confirmation hearings the Immigration and Naturalization Service. together. Three decades later, that And in 1997, Judge King stopped Floridian foursome celebrates 120 the U.S. government from the years on the federal bench “Three decades later, massive deportation of between them.” that Floridian foursome Nicaraguan immigrants without due process, based upon the These four federal judges took time celebrates 120 years on out to reflect on their collective INS interpretation of the 1996 120 years on the bench: the federal bench Illegal Immigration Reform and between them.” Immigrant Responsibility Act. Judge James Lawrence King Judge King also wrote the first decision under the 1996 Anti- Judge Fay and Judge King have Terrorism and Effective Death been friends for more than 45 years. Their wives Penalty Act, awarding $187.6 million in damages to were sorority sisters in college together. In the early the families of three of the four Brothers to the ’60s, when Judge Fay served on The Florida Bar Rescue fliers who were shot down by the Cuban Board of Governors, Judge King was president of what was then called the Junior Bar (now the Young government in international airspace in 1996. Lawyers Division). He recalls helping launch the His dedication to improving the federal judiciary has Junior Bar’s big project that continues in a much had ripple effects nationwide, as he has taught his more sophisticated form to this day: an educational “differentiated case management” or “tracking” program to help with the transition of law school system that categories civil cases as either expedited, graduates into the practice of law. standard or complex and schedules discovery and Judge King has known Judge Tjoflat back when they trials accordingly. Along with retired Judge Joseph Hatchett, King studied the masters’ system and were both state circuit judges. “I was a state circuit English judicial procedures in London and was judge in Dade and Gerry Tjoflat was a circuit judge instrumental in shaping the U.S. magistrate judge in Duval. I went up to Jacksonville to be a visiting system now relied upon heavily in the federal system. judge, and Gerry Tjoflat was being sworn in as circuit judge. He came bouncing in my office and threw his arm around my shoulder and said, ‘Come to my Judge Peter Fay swearing in, my investiture.’ And I did. One of Judge Peter Fay’s most interesting assignments “Later on, the four of us were appointed together, has been serving since 1994 on the three-judge panel and Judge Fay and I went to Gerry’s investiture as that chooses and oversees the nation’s independent U.S. district judge. And later when he was appointed counsels, including Ken Starr. to the Court of Appeals, I went to that investiture, But don’t try to pry out the details. He’s mum on too. I sent him a telegram that said: ‘I’ve been to the inner workings of the Independent Counsel. three of your investitures. And from now on, you’re on your own!’” What about the Clinton affair? All he’ll say is “very interesting and very unique.” Even though he became a senior judge in 1992, King still carries the caseload of an active judge. He has “Most of the work we do is secret,” Judge Fay said. written 451 published opinions. Last year, Judge King “But in general terms, it has given me great insight continued, next page 8 into the way our government works and I’ve gained court in the nation, except the D.C. circuit that an awful lot of knowledge I wouldn’t have any other doesn’t use senior judges. way. The executive branch is really contingent upon “When I sit as a senior judge, I’m an equal partner the good faith and the good intentions of people with other judges regardless their ages, or what’s who fill the positions of high-level members of the deemed active judges.” executive branch and cabinet members, and it makes you realize how important it is to have good people “It’s a struggle to keep up with the workload. When there. I came on the court, there were two staff attorneys in New Orleans working for the court, mostly with “I’ve seen an awful lot over the past years that pro se petitions. Now, I think we have 100 staff has made us scratch our heads and makes us attorneys. When I came on, the judges had two law disappointed. You come away with feeling that an clerks and one secretary. Now, we have five clerks,” awful lot of people go to Washington with good Judge Roney said. intentions, and while there they become convinced that the work is so important that the rules and law “Of course, the trick is to make sure the judges do simply don’t apply to them. Certainly, they can’t be the judging and the staff does the research and the required to dot all the i’s and cross all the t’s, and time-consuming records research. That’s the major they lose sight of the balance. I don’t think they’re change.” bad people, but sometimes they get lost.” The Harvard Law School graduate and member of When Judge Fay looks back over his 30 years on the the Bar Board of Governors from 1967-70 had federal bench, he says the most dramatic change has practiced law for 22 years before the opportunity to been the increasing workload. “I don’t know how become a federal judge came along. much any one judge can do,” said Judge Fay. “As you practice law, your focus becomes narrower “I enjoy working with very able attorneys who do a and narrower. If you’re going to become really good, wonderful job. I’m ruling on very, very serious you have to specialize. Coming on the court opens questions that affect commerce and affect millions of all that up,” Judge Roney said of his judicial job that people,” said Judge Fay, who was honored to have requires a generalist’s broad knowledge. the American Inns of Court at St. Thomas law school continued, next page named after him. And the busy senior judge who begins most days at 5 a.m. reading to prepare for court said: “I tell my kids: ‘I can’t wait to get to the office each day.’”

Judge Paul Roney Besides his main job as senior judge of the 11th Circuit Court of Appeals in St. Petersburg, where he has lived since he was four years old, Judge Paul Roney has the distinction of presiding over what has been described as America’s most secretive court: the U.S. Foreign Intelligence Surveillance Court of Review. “It’s a nice title. That’s the best part of it,” Judge Roney said with a laugh. “If the U.S. government is going to wiretap a foreign agent or a person On October 13, 1970, the Senate Judiciary Committee and the U.S. Senate suspected of being a foreign agent, confirmed the federal judicial appointments of four Floridians who are still on they have to get a court order.” the bench: From left, James Lawrence King, Paul H. Roney, Sen. Spessard L. As a senior judge, Roney has lent his Holland (former Governor of Florida), Sen. Edward Gurney, Peter T. Fay, and Gerald B. Tjoflat. judicial services to every federal circuit 9 Judge Gerald Tjoflat Americans with Disabilities Act cases, ethnic discrimination, you name it. We didn’t have any of Judge Tjoflat’s day begins at 5 a.m. with a workout that in 1970. . . . in the courthouse gym. “I take a shower and shave, and by 6 a.m. it’s time to grind,” he said. And he’s “You see every kind of bizarre case. Some are been grinding away and loving it for three decades. highly meritorious; some are frivolous. There are a lot of disgruntled people, both employees and After serving as judge of the Fourth Judicial Circuit, employers. he was appointed federal judge of the Middle District of Florida, then to the old Fifth Circuit Court, then “We can’t keep tearing each other up. The place of to the newly created 11th Circuit that covers Florida, employment can’t be an armed camp.”But for Judge Georgia and Alabama, where he served as chief Tjoflat, as well as his three colleagues appointed judge from 1989 to 1996. together 30 years ago, the work place has been an exciting, sometimes difficult, always interesting place. He remembers the old Fifth Circuit as having fewer judges in six states than the current 11th Circuit’s Judge Tjoflat has what he unabashedly calls “career three. love,” and what has made him happiest about his job is “the relationship you have with colleagues, whether Besides the nature of drug cases and the stiff you agree with what they say or you don’t.” sentences, Judge Tjoflat said, the “whole federal docket has had a dramatic change” in the 30 years he’s been on the bench. Note to Readers: If you would like a copy of the article in its entirety, please contact Georeen Busch at “Now we’re inundated with employment 1-800-342-8060 ext. 5688 or [email protected]. discrimination — sex and age discrimination,

The 2004 Robert S. Vance Forum on the Bill of Rights Eleventh Circuit Court of Appeals Judge R. Lanier Anderson gave a memorable tribute to the late Judge Robert S. Vance during this year’s Robert S. Vance Forum on the Bill of Rights. The Atlanta Chapter of the Federal Bar Association hosted the Forum at Emory University School of Law on February 10. This year’s topic for the panel discussion was “The Constitutionality of Public Displays of Religious Symbols by Government Authorities.” A diverse group of panelists discussed the complexities of religion and government. The Robert S. Vance Forum on Bill of Rights was first presented in 1990 as a public service by the Atlanta Chapter of the Federal Bar Association in honor of Eleventh Circuit Court of Appeals Judge Robert S. Vance, a champion of civil rights, who was assassinated in 1989. Founded in 1920, the Federal Bar Association is a professional organization of attorneys practicing in the federal courts. It strives to promote the sound administration of justice and to provide quality educational programs for its members and the public. As part of the mission, the Atlanta Chapter is particularly active as a liaison between attorneys and the federal judges of the Northern District of Georgia and the Eleventh Circuit. If you were unable to attend this year’s Forum and would like a copy of the video to share with students, friends or colleagues, please e-mail Ashley R. Hurst, Esq., at [email protected].

10 In Remembrance: Judge Ralph Wilson Nimmons, Jr.

U.S. District Judge Ralph Wilson Federal Appeals Court Judge Nimmons Jr., who presided in Susan H. Black had a long federal and state courts in association with Judge Nimmons, Florida for 26 of his 40 years as going back to their days as fellow a lawyer, died November 24, state prosecutors in the early 2003, of liver cancer. He was 65. 1970s. Before being appointed to the “He helped me prepare my first federal bench in 1991 by the first case for trial,” Black recalled, President Bush, Judge Nimmons “and he remained a part of my served on Florida’s First District personal and professional life ever Court of Appeal in Tallahassee since. When you mention his from 1983 to 1991 and on the name, I think of a gentleman, a Fourth Judicial Circuit Court scholar and a man devoted to his bench from 1977 to 1983. family and his faith.” Judge Nimmons was first While serving as an assistant state nominated to a federal judgeship attorney, Judge Nimmons was in 1980 by President Carter but the Senate named to head the special prosecution division, adjourned before his nomination could be which handled complex cases that often involved confirmed. wiretaps and special investigative techniques. Earlier in his career, Judge Nimmons served as an He served as administrative judge for the assistant public defender, assistant state attorney Jacksonville Division of the U.S. District Court from and assistant general counsel for Jacksonville, where 1997 to 2003 and was chairman of the space and his boss in all three positions was Ed Austin. He facilities committee when much of the planning for also was a partner in the Jacksonville firm of the recently opened U.S. Courthouse was taking Ulmer, Murchison, Ashby & Ball. place. “I didn’t have a better friend in the world and I Assistant U.S. Attorney Mark Devereaux heads a don’t know of anyone who had it together as well committee of lawyers and friends who have as Buddy did,” Austin said, referring to the judge suggested the new courthouse be named for Judge by his nickname. “He was an outstanding lawyer Nimmons. In his nomination letter, Devereaux and judge and the young lawyers scrambled to get praised the judge’s “work ethic, his sense of duty into his courtroom because they knew they could and responsibility ... and his unfailing fairness to all learn so much from him. He loved the law and he who have appeared before him.” was the greatest credit to the profession.”

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