11th Circuit Historical News Volume XVII, Number 2 | Winter 2020 THE HISTORICAL SOCIETY OF THE U.S. COURTS IN THE ELEVENTH CIRCUIT

IN THIS ISSUE

PHOTO COURTESY OF THE MIDDLE DISTRICT OF ARCHIVES 1 The Birth and Evolution of the The Birth and Evolution of umental stair terminating in a shallow Sam M. Gibbons United States Courthouse, Tampa, Florida the Sam M. Gibbons portico containing four Corinthian columns … The height of the first floor United States Courthouse, 2 Chief Judge William H. Pryor Jr.: is strongly expressed in a continuous A New Honorary Chair for the Tampa, Florida horizontal band of horizontally rusti- Eleventh Circuit Historical Society JERRY M. GEWIRTZ cated marble one story high, topped by a strong rectangular string course. 3 Meet the Trustees: Tampa, Florida, has been home to two fed- The third and fourth floor heights are Robert C. Martin Jr. eral courthouses. The first federal court- combined in exterior expression, with house in Tampa, a building known to many rectangular windows appearing as ver- 5 Meet the Trustees: judges and practitioners as the “Classic tical elements separated by two-story M. Jerome Elmore Courthouse,” was completed in 1905.1 The high buff brick panels terminating at Classic Courthouse is included on the list the entablature. The entablature sup- 7 Judge Robert J. Luck: Learned at an of U.S. National Register of Historic Plac- ports a pronounced projecting cornice Early Age the Value of Hard Work es2 and is described in architectural terms bearing dentils and surmounted by a 9 Judge : An Only as follows: continuous balustrade.3 In America Story Although designed in eclectic Renais- The Classic Courthouse was originally de- sance Revival style, the relative sim- signed for the U.S. Post Office.4 The build- 12 Senior District Judge William plicity and rectangularity of massing ing also served as a federal courthouse, first T. Moore Jr. Presented Bar and details indicates strong Greek Re- for the Southern District of Florida, next for Professionalism Award vival influence … The ground floor is the Middle District of Florida;5 and as a cus- 14 expressed as a stylobate of lightly rus- tom house.6 From 1984 to 1998, the Classic Judge J. P. Boulee’s Investiture ticated gray granite containing small Courthouse was used exclusively to house 17 Judge Rodney Smith's Investiture square windows. The first floor is the the Tampa Division of the U.S. District main floor and is reached by the mon- Court for the Middle District of Florida.7 21 The 2020 Eleventh Circuit Issue See "Gibbons Federal Courthouse," p. 22 Highlights Arbitration in the Eleventh Circuit WINTER 2020 1 NEW & NOTEWORTHY CHIEF JUDGE WILLIAM H. PRYOR JR. A New Honorary Chair for the Eleventh Circuit Historical Society WILLIAM G. "WILL" PARKER JR.

Earlier this year, a rare thing happened: The sity of Alabama School of Law and Cumber- Historical Society (Society) got a new hon- land School of law. He also served five years orary chair when Judge William H. “Bill” on the U.S. Sentencing Commission. Pryor Jr. became Chief Judge William H. Historical Society President Halsey “Bill” Pryor Jr., taking over from fellow Al- Knapp welcomed new Chief Judge Pryor and abamian and immediate past Chief Judge thanked former Chief Judge Carnes for his Ed Carnes. Under the Society’s bylaws, the service. “As chief judge, the honorary chair chief judge of the Eleventh Circuit serves is uniquely positioned to help the Historical as honorary chair of the Society unless he Society fulfill its mission of documenting or she is “unable or unwilling” to serve, in the history of, and fostering an appreciation which case the chief judge appoints another for, the federal courts in this circuit,” Knapp circuit judge to serve as honorary chair. said. “During his tenure as chief judge, Judge In this case, Chief Judge Pryor eagerly ac- Carnes gave generously of his time to that cepted his new role. “The Historical Society end, and we thank him for that. In that same plays a vital role in building a culture of col- spirit, we are grateful to Chief Judge Pryor legiality among the bench and the bar and for his willingness to serve as honorary chair, also in fostering appreciation of the work of and we look forward to working with him in our federal courts in Alabama, Florida and his new role.”  . I am happy to serve as the Soci- ety’s honorary chair, and look forward to William G. "Will"

assisting in any way that I can.” U.S. COURT OF THE COURTESY OF APPEALS ELEVENTH FOR THE CIRCUITPHOTO A 2004 appointee of President George Parker Jr. is chief deputy W. Bush, Chief Judge Pryor assumes his general counsel to Alabama Gov. Kay Ivey. new role with a broad array of experience Parker currently serves “I am happy to serve as in the public and private sector, as well as on the Eleventh Circuit in academia. After graduating from Tulane Historical Society's Board the Society’s honorary Law School, he clerked for Judge John Mi- of Trustees. chair, and look forward nor Wisdom of the Fifth Circuit. He then practiced at two private law firms in Bir- to assisting in any way mingham, Alabama, before entering public service in Alabama state government, where that I can.” he would ultimately serve seven years as at- CHIEF JUDGE PRYOR torney general of Alabama. As a judge on the Eleventh Circuit, Pryor has taught classes in federal courts and textualism at the Univer-

2 11TH CIRCUIT HISTORICAL NEWS MEET THE TRUSTEES

Eleventh Circuit Historical Society Trustee ROBERT C. MARTIN JR.

Q: The Society’s mission includes a focus lika, Alabama, but unfortunately, no expe- not just on the Eleventh Circuit Court of rience with the Florida court system. Appeals but also on all of the federal courts I have always enjoyed practicing in federal in Alabama, Florida and Georgia. Please court because my experience has been that tell us a little bit about your background, those courtrooms were well run by the pre- with a special focus on your connection to siding judges. It is an environment in which the federal courts in those states. the attorneys can make more of a difference A: I graduated from the University of Geor- in presenting cases than in some of the courts gia School of Law in 1980, and began prac- in the state court system, where litigants of- tice at the law firm of Hatcher, Stubbs, Land, ten run amok without proper supervision Hollis & Rothchild in Columbus, Georgia, and administration of the laws and rules of my home. I practiced with Hatcher Stubbs the court. And in the federal court system, for more than 35 years until the bulk of its I have experienced presiding judges who attorneys joined Hall Booth Smith, P.C., an were able to run their courtroom with little -based law firm, to form with its ex- interference or fanfare and with few words Editor’s note: This is the third installment isting lawyers in Columbus, the Columbus because of the respect commanded by the at- of our series “Meet the Trustees.” It is office of Hall Booth Smith, P.C. torneys who appear in front of them. Those our pleasure to introduce to you one of When I began the practice of law in 1980, judges, almost without exception, have also our newest Georgia trustees, Robert C. like many attorneys of my generation, I had enforced their rulings with good-natured Martin Jr., and our treasurer, M. Jerome a varied practice doing a little of everything. humor where appropriate. Elmore (see p. 5). The great thing about practice in those early In fact, our current local judge, U.S. District days was the number of cases that we were Judge Clay D. Land, once ruled against me able to bring to trial. There is no counting on an objection based upon the little-known the number of road wreck cases, including “Goose and Gander Rule.” When my witness jury trials for property damage cases in attempted to testify about a certain realm of Municipal Court, which we tried in those the case, the plaintiff’s objection was sus- days. It gave me a world of courtroom ex- tained based upon my having previously perience at a young age. objected to the plaintiff’s witness’ effort to en- For the bulk of my practice, I have han- ter into that same domain. (As an aside, as I dled medical malpractice cases, defending have mentioned to Judge Land, I think I may mostly physicians, and then doctors, nurses be the only lawyer who has tried a case with and hospitals in my practice in recent years. Judge Land as my law partner and co-coun- Typically, medical malpractices are brought sel, with Judge Land as one of the opposing in the state court system, but I have tried attorneys and also with Judge Land as the pre- several malpractice cases in federal court in siding judge in the U.S. District Court of the Georgia, both in the Middle District as well Middle District of Georgia.) as the Northern District. This publication often covers “milestone” Early in my career when I had a more events—the investiture of a new judge, the varied practice, I had different types of cas- dedication of a new courthouse and so on. es in federal court. Again almost all were in There is also value in preserving the social Georgia, with a smattering of cases in Ope- history of our circuit, that is, the day-to- WINTER 2020 3 SHARE Submit items for publication in the 11th Circuit Historical News to Wanda Lamar, executive director of the Society (wanda_lamar@ ca11.uscourts.gov). Historical articles on the federal courts and YOUR judges within the Eleventh Circuit will be considered, as well as investitures, courthouse dedications, portrait presentations, NEWS memorial ceremonies and oral history programs.

day business of our courts. Do you have erated that each side would have an hour only time in my career, I was granted from any memorable stories from your own and, therefore, we had an hour to divvy up. the bench license to tackle my co-counsel background, or perhaps those of a col- After consultation, the defense attorneys if need be during closing argument. I have league or two, that highlight what life is announced that Mr. Willis would take 10 always remembered that event and story like as a federal practitioner in our circuit? minutes, Mr. Tisinger would take 20 min- and very much appreciated the experience I somewhat touched upon my answer to utes, and I would conclude with 30 minutes of being in front of Judge Tidwell. this question above, but I would relate a war of argument. Very briefly, what do you see as the value story of the very first federal trial in a mal- As a point of further clarification, I asked of the Society and its mission? Why is it practice case in which I participated. Judge Tidwell since we now had divided important for lawyers throughout our The judge was Judge G. Ernest Tidwell circuit to support the Society and its of the Northern District of Georgia work? who was presiding in the Newnan Di- In preparing this for Wanda Lamar, I vision. I had the good fortune of try- Society as a whole, read through some of the other sub- ing the case with my longtime friends, fostered by the missions for the “Meet the Trustees” Jerry Willis out of LaGrange and David series. One of those was from Su- Tisinger out of Carrollton. advances in technology, san Smith Erdelyi, and I don’t think I Early on in the trial, Judge Tidwell be- could improve on her comments that came irritated with all of the attorneys, has caused a in the age in which we currently prac- and rightfully so, because the plaintiffs diminishment, if not tice, technology, and most recently, the presented a lengthy video deposition of coronavirus, have almost eliminated one of their experts during which we a sundering, of many face-to-face communication. When three defense counsel were equally cul- personal relationships. I began practicing law, there were no pable by engaging in a far too lengthy computers, no emails, not even any cross-examination of the witness. At faxes. The only communication was the conclusion of that deposition, Judge face-to-face, over the telephone or by Tidwell announced in open court that correspondence. While disputes cer- the evidentiary rule offering him the that hour as announced, and that since I tainly arose, in general, people were opportunity to prevent the admission of more thoughtful, respectful and collegial. “cumulative” evidence would be strictly en- was last, would I be allowed my full 30 min- utes if Mr. Tisinger and/or Mr. Willis went Society as a whole, fostered by the advances forced and that attorneys need not object; in technology, has caused a diminishment, he planned to be on the lookout for what over their allotted time. Judge Tidwell reit- erated we had an hour between us however if not a sundering, of many personal rela- he deemed cumulative and rule it out with- tionships. What Susan said, and I whole- out objection. Needless to say, the trial was we handled it, and at the conclusion of that hour, no matter where I was in my argu- heartedly agree with and support, is that, streamlined from that point forward. “An independent judiciary and an unbiased At the time of the discussion about clos- ment, we would be through. I hesitatingly asked Judge Tidwell if he would help en- media is critical to the rule of law and the ing arguments, Judge Tidwell announced discovery of truth. The Society provides that each side would have one hour. Given force those time limits since I was last, and there was very little I could do other than knowledge and professionalism. This is a that there were three defendants, we in- mission we should all support.”  quired as to how much time each defen- tackle Mr. Willis and/or Mr. Tisinger to get dant would have, and Judge Tidwell reit- them to stop talking. Whereupon, for the

4 11TH CIRCUIT HISTORICAL NEWS MEET THE TRUSTEES

Eleventh Circuit Historical Society Treasurer M. JEROME ELMORE

Q: The Society’s mission includes a focus This publication often covers “milestone” not just on the Eleventh Circuit Court of events—the investiture of a new judge, the Appeals but also on all of the federal courts dedication of a new courthouse and so on. in Alabama, Florida and Georgia. Please There is also value in preserving the social tell us a little bit about your background, history of our circuit, that is, the day-to- with a special focus on your connection to day business of our courts. Do you have the federal courts in those states. any memorable stories from your own A: I have practiced with Bondurant Mix- background, or perhaps those of a col- son & Elmore in Atlanta for more than 43 league or two, that highlight what life is years. The majority of my time has been like as a federal practitioner in our circuit? spent handling complex business litigation My firm had the privilege of representing in courts around the country, with perhaps the Northern District in a matter involving a majority of my cases in federal court, par- a gentleman who decided to take up per- ticularly courts of the Eleventh Circuit. manent residence at the courthouse door. After graduating from the University of After he was removed, he sued the judges of Virginia, I served several years in the U.S. the Northern District and my firm for mak- Navy and was deployed twice to Vietnam. ing him leave, but he did so in the name of I returned to Atlanta to attend law school God “by his next friend.” When asked has at Emory. In my practice, I have handled the firm ever been sued, I say just once, by cases involving about every imaginable ac- God, but we won! However, this did cre- tivity, such as the extrusion of polypropyl- ate a perplexing ethical quandary a little ene plastics in Texas, cloth manufacturing later when we were asked to represent the in Maine, securities and financing in New Pope—The Holy See, The Vicar of Christ. York, alligator farming in Florida, a ves- Could we do this while being sued by God? sel sinking in Israel and voting rights in We concluded we could, some citing what Georgia. Rarely a dull moment. Sometimes the large firms refer to as the big client ex- when interviewing a potential recruit, I will ception to conflicts. hear them say they want to work on diffi- The best argument I ever had in the Elev- cult complex cases, and I think to myself enth Circuit was as counsel for the appellee it might be nice to actually have a simple where after I had concluded, the appellant’s matter I have seen before. lawyer rose to finish his time. Judge Gerald In my later years, I focused more heav- Bard Tjoflat stopped him telling the lawyer, ily on class actions, much of which was in “Next time have better facts and law before the Eleventh Circuit. While still practic- you waste this court’s time.” Then stood up ing, I have shifted a lot of my time to pro and said, “We are going to lunch.” And left. bono work, especially for veterans, and was Ever cautious, I turned to my client behind instrumental in helping establish the State me and whispered, “I don’t know for sure, Bar of Georgia’s Military Legal Assistance but I think we may have won this one!” Program, which has provided legal services to more than 2,000 veterans to date.

WINTER 2020 5 The 11th Circuit Historical News is published periodically by the CONTACT Eleventh Circuit Historical Society. For information about the Society, please contact: US Wanda W. Lamar, The Eleventh Circuit Executive Director Historical Society The Winter 2020 issue is P.O. Box 1556 produced courtesy of the P: (404) 335-6395 Atlanta, GA 30301 State Bar of Georgia. E: [email protected]

My first experience with a federal court Very briefly, what do you see as the value was as a newly-minted associate with the of the Society and its mission? Why is it firm of Fleming, O’Bryan and Fleming important for lawyers throughout our cir- in Fort Lauderdale, after having passed cuit to support the Society and its work? From a personal the Florida Bar and being sworn into the The Eleventh Circuit (including the former standpoint and Southern District the week before. A part- Fifth) has addressed and resolved some of as a history buff, I ner came into my office shortly before lunch the most important cases in our nation’s with a file and said there was a bench trial history, particularly in the civil rights arena. enjoy hearing how at 2 p.m., but opposing counsel had agreed The Society, through its work, adds depth to a consent judgment, which the partner and color to what might otherwise be a fea- things were done had prepared and gave to me to have Judge tureless tapestry of decisions. Who were the in the past. My own Norman Roettger sign that afternoon. He judges who rendered these important deci- said he had to attend to some pressing fam- sions? What were they like as individuals? practice has gone ily matter at home. The personal stories of the judges as related from a world with Since I had a little time, I perused the file, by people who worked with or knew them briefly, out of curiosity. When the matter aids the newer lawyers and historians in un- no word processors, was called, I announced that the parties had derstanding how the judges of this circuit agreed to a consent judgment and proceed- were able and willing to take on and decide photocopiers, ed to present the draft order to the judge. important but sometimes unpopular cases. Dictaphones, faxes Seeing that the partner was not there, the From a personal standpoint and as a his- opposing counsel decided to take advan- tory buff, I enjoy hearing how things were or voicemail to our tage of the situation by announcing he had done in the past. My own practice has gone incredibly complex only agreed as to liability not damages. I from a world with no word processors, asked for a continuance, but Judge Roett- photocopiers, Dictaphones, faxes or voice- electronic world. ger was not happy that the partner was not mail to our incredibly complex electronic there and sternly directed me to proceed. world. More importantly, it has gone from a In my eyes, his iconic long handlebar mus- world where there were no metal detectors tache only added to his severe unhappy de- at the courthouse door—and where often meanor! Thankfully, having reviewed the you could simply walk into a judge’s office file, I was able to cobble together enough after knocking on the door—to a world evidence in the form of opposing party where it seems court personnel are now se- depositions and other documents to make questered behind gated and guarded walls. out a damages case, at which time oppos- The Society allows us the opportunity to ex- ing counsel conceded and sheepishly added amine these changes and to consider how he just wanted to see if I could establish my they have impacted our judicial system, our case. Judge Roettger saw through this ruse personal relations with each other and jus- and laid into opposing counsel for back- tice in general. But more importantly, the ing out of an agreement. The lawyer would Society helps us to get to know and under- have been wise never to file anything in stand each other better.  Judge Roettger’s court again.

6 11TH CIRCUIT HISTORICAL NEWS FOCUS FEATURE JUDGE ROBERT J. LUCK Learned at an Early Age the Value of Hard Work SUZANNE E. GILBERT

Judge Robert Luck may have had a mete- Over the five years he served as an AUSA, oric rise to his position on the Eleventh Judge Luck tried 19 cases to verdict, half as Circuit, but he has his feet firmly planted chief counsel and half as associate counsel. on the ground. His sharp intellect, coupled He also had the occasion to argue three with his humility and his commitment to times before the Eleventh Circuit Court of excellence, will make him an invaluable Appeals. Judge Luck thoroughly enjoyed member of the court for years to come. his time at the U.S. Attorney’s office and has Judge Luck was raised in North said that, if he had not had the judicial op- Beach, Florida. The son of a truck salesman portunities open up to him when they did, and an elementary school teacher, Judge he would still be an assistant U.S. attorney. Luck learned at an early age the value of However, those judicial opportunities hard work. A graduate with highest hon- did present themselves. He was approached ors of the , Judge Luck about applying for an open seat in the 11th worked in Washington, D.C., for a year be- Judicial Circuit (the trial court which cov- fore returning to the University of Florida to ers Miami-Dade County). He was intrigued attend law school. In law school, Judge Luck by the idea of becoming a judge. Specifical- found a home. He was tapped into and ac- ly, he was motivated by the idea of public tive in , a prestigious honor service. His parents and other mentors had society at the University of Florida. He was always instilled in him the importance of also a member of the Florida Law Review serving one’s community and giving back. and elected as its Editor in Chief. Judge Luck In September 2013, he was appointed to the graduated magna cum laude in 2004. bench by then-Gov. . He had nev- Following his graduation from law practice group at Greenberg Traurig), this er appeared in a State Court proceeding but school, Judge Luck and his wife Jennifer time for a two-year clerkship. began to shadow another judge two weeks moved to Montgomery, Alabama, where he While living in Montgomery, Judge Luck before he took the bench. And, eventually, clerked for Hon. Ed Carnes of the Eleventh taught business law to students at Alabama he settled into the hectic pace, crushing Circuit. Judge Luck was not sure what Judge State University, a historically Black univer- caseload and relative informality of the Carnes saw in him, but was very fortunate sity. When his two years with Judge Carnes State Court practice. to have the opportunity. Judge Carnes like- concluded, he returned to Miami, this time On the bench, he was originally assigned ly saw in Judge Luck a little bit of himself: as an assistant U.S. attorney (AUSA) for to the criminal division but ultimately someone who was brilliant, extremely the Southern District of Florida. During moved to the civil division. He presided hard-working and fair. Judge Luck was also his five years with the office, he worked for over approximately 300 trials that went to not sure whether he would fit in in Mont- three different U.S. attorneys. At the age of verdict or judgment, 80% were civil and gomery. In fact, Judge Luck and his wife 33, he was appointed deputy chief of the 20% criminal, with 75% non-jury and loved living in Montgomery, and he thor- Major Crimes Section, which oversees the 25% jury. He enjoyed the trial court and oughly enjoyed his time working for Judge prosecution of reactive federal crimes that would have been content to stay there, but Carnes—so much so that he returned a year occur in Dade and Monroe counties, as well in March 2017, he received another call later (after a year working in the appellate as conducting short-term investigations. from the governor. He was appointed by

WINTER 2020 7 then-Gov. Scott to the Third District Court of Appeal, Florida’s intermediate appellate court that covers Miami-Dade and Monroe Counties. However, his time on the Third District Court of Appeal was short, be- cause in January 2019, he was appointed by Gov. Ron DeSantis to the Florida Supreme Court. Not long after he took his seat on the Florida Supreme Court, the president announced his intention to nominate then-Justice Luck to the U.S. Court of Ap- peals for the Eleventh Circuit. In fact, his formal investiture to the Florida Supreme Court occurred two weeks after he was nominated to the Eleventh Circuit. Over the years, Judge Luck has received numerous awards and recognition. One recent award was the Jay and Marilyn Weinberg Civility Award given to him by Project Nuremberg, a joint project of Lynn University and Temple Beth-El of Boca Ra- ton at the 10th Annual Project Nuremberg Lawyers Luncheon in 2019. In 1998, a com- plete set of the Nuremberg Trial transcripts (a 42-volume record) was discovered and donated to Lynn University. They sat, un- On Nov. 19, 2019, at the Frank M. Johnson, Jr. U.S. Courthouse and Federal Building in Montgomery, Alabama, Judge Robert Luck (center) signs the oath of office after then-Chief touched for years in the school’s library. In Judge Ed Carnes (left) swears him in, with Blanche Baker, Judge Carnes’ longtime judicial 2010, the school, in conjunction with Tem- administrator, as the witness. ple Beth-El, began Project Nuremberg: The Legacy of the Nuremberg Trials in the 21st Century, which included lectures, discus- ened his desire to serve and play his part in Suzanne E. Gilbert is a sions, an attorneys’ luncheon and seminar, protecting the rule of law. In his spare time, partner with the Orlando and other events around the topic. In ac- he enjoys reading historical biographies and office of Holland & Knight cepting the award, Judge Luck spoke about watching his beloved . and currently serves the importance of protecting the rule of as the Eleventh Circuit Numerous adjectives have been used Historical Society’s vice law, quoting the late Florida Supreme Court to describe Judge Luck: brilliant, sincere, president for Florida. Justice Harold Sebring, who took a leave of humble, hard-working, prepared, respect- absence from the court to serve as a judge ful. His golden rule for being a judge is two- during the Nuremberg Trials. fold: treat everyone with respect and be Judge Luck’s pride and joy is his family— prepared. He strives to be the kind of judge his wife, Jennifer, and their children, Julia and he would have wanted to appear before Jacob. Judge Luck would say that being a par- when he was a practicing attorney. Lawyers ent has made him a better person and a better appearing in the Eleventh Circuit will find judge because it has taught him to be more Judge Luck to be a wonderful addition to patient, and to be a better listener and com- the court.  municator. Being a parent has also height-

8 11TH CIRCUIT HISTORICAL NEWS FOCUS FEATURE JUDGE BARBARA LAGOA An Only in America Story SENIOR U.S. DISTRICT JUDGE PAUL C. HUCK

Hon. Barbara Lagoa has been a highly re- garded appellate judge for almost 15 years and has achieved many firsts in her career. But to me, she is the equally highly regard- ed mother of three of my granddaughters. Yes, in full disclosure, Judge Lagoa is my daughter-in-law, which, in part, explains the obvious bias of this article. Judge Lagoa’s professional career has been well chronicled, so I will only briefly recap it here. In 1992, Judge Lagoa gradu- ated from , where she served as an associate editor of the Colum- bia Law Review. Returning to her home- town of Miami, Judge Lagoa embarked on a career in private practice as a civil trial lawyer with two of Miami’s most presti- gious law firms. After 11 years in private practice, Judge Lagoa was drawn to public service, joining the U.S. Attorney’s office THE HUCK FAMILY OF THE COURTESY PHOTO in Miami where she prosecuted criminal Senior U.S. District Judge Paul Huck (left) proudly administered the oath of office for the third cases for three years. During that time, she time to his daughter-in-law, Judge Lagoa (center), at an informal gathering of family and represented the United States in many ap- friends in his Miami courtroom, joined by Paul Huck Jr. (right). peals and trials and was widely regarded as a well-prepared, tenacious yet always fair prosecutor. That experience was, according woman to serve as a judge and, later as chief the first Hispanic woman to serve as a jus- to her, one of the most meaningful and im- judge, of that court, heard more than 11,000 tice on that court. Once again, I was hon- portant in her legal development. appeals and authored about 500 written ored to administer her oath of office, and In 2006, after 14 years as a successful opinions. During her tenure, she earned this time I managed to keep my emotions in and experienced trial lawyer, Judge Lagoa universal accolades from both colleagues check. As an aside, I must add that I learned turned to her goal of becoming a judge. She and appellate lawyers for her preparation more about my daughter-in-law from the applied for a vacant seat on Florida’s Third on the bench at oral argument (she was personal, often humorous, comments by District Court of Appeal and was appoint- known for bringing heavily tabbed copies her investiture speakers than in the prior 25 ed to that position by then-Gov. . of the record onto the bench with her) and years that I have known her—she does not At her first investiture, I had the honor and her thoughtful, well-reasoned opinions. like to tout herself, not even to her family. pleasure of proudly administering her oath In January 2019, Gov. Ron DeSantis Within nine months, President Donald of office. Some even say I may have choked chose Judge Lagoa as his first appointment Trump came calling—nominating Judge up a bit. Judge Lagoa, the first Hispanic to the Florida Supreme Court, making her Lagoa for the Eleventh Circuit Court of

WINTER 2020 9 Appeals. To her great credit, and not sur- prising given her impeccable credentials, she was confirmed with an 80 to 15 vote on the Senate floor, becoming the first Hispan- “The beauty of my Cuban-American ic woman to serve on the Eleventh Circuit. story is that it is not unique in Miami.” For a third time, at an informal gathering JUDGE BARBARA LAGOA of family and friends in my courtroom, I proudly administered the oath of office. I suppose I have gotten pretty good at that. And, for the first time, because Judge Lagoa was now an Eleventh Circuit judge and I a mere District judge, I could no longer tell my daughter-in-law, “You’re not the boss of me!” And a word to practitioners—al- though the Eleventh Circuit is conducting its oral arguments via Zoom these days, it’s my understanding that Judge Lagoa still it during an interview shortly after her ap- was on the trial court at the time and later has that tabbed record with her, even if you pointment to the Florida Supreme Court, became a judge on the Third District Court can’t see it on the screen. “The beauty of my Cuban-American story of Appeal, used to buy cafecitos and talk to Yet there is a lot more to Judge Lagoa’s life is that it is not unique in Miami. My par- me about the law.” The chats over Cuban story, a story which begins in the predom- ents, like many others, arrived here in 1966 espresso shots during the summer expe- inantly Cuban-American community of with nothing but the clothes on their backs rience in the courthouse instilled in Judge Hialeah, Florida. For those of you not from and their education. Castro took their per- Lagoa a passion for the law. Miami, Hialeah is a mainly working- and sonal possessions, their property, but he After high school, it was off to college. middle-class city in Miami-Dade County. couldn’t take their education. Because of Well, not too far off. The Lagoas, as with And like many other Cuban immigrants, that, they sacrificed to provide me with a many other traditional Cuban-American her parents, Antonio and Celine, settled Catholic school education and instilled in parents, wanted their only daughter to stay there after coming to America from me the importance of education and hard close to home, so college was destined to to escape the oppression of ’s work.” (I should note that the remainder be nearby Florida International Universi- regime. As reflected throughout her legal of Judge Lagoa’s quotes in this article are ty. Her path to a legal career was fostered career, her parents’ experiences have left from that interview.) Her deep admiration through encouragement and mentorship Judge Lagoa with an unalterable commit- for her parents and their perseverance mo- from her professors. One professor in ment to the rule of law. tivated her to work hard, to succeed and, particular, John Stack, encouraged her to But I digress. Judge Lagoa’s road from a most importantly, to pass it forward. “expand [her] geographic and academic rather humble beginning in Hialeah is tru- Judge Lagoa’s interest in the law came ear- horizons to include the top law schools in ly an “only in America” story. Judge Lagoa ly and naturally. Her father, as a young man the nation.” Following that advice, Judge was an only child, unabashedly “la niña de in Cuba, abandoned his dream of becom- Lagoa applied to and was accepted by Co- mis ojos” for her parents and grandmother. ing a lawyer because he refused to swear lumbia University School of Law where she From the outset, the Lagoas encouraged a allegiance to the Castro regime. Clearly, her excelled, including serving as an associate sense of responsibility because of the op- father’s principled stand against tyranny, at editor for the Columbia Law Review. portunities their adopted country offered great personal sacrifice, has been a lesson Judge Lagoa appreciates the mentorship them. Judge Lagoa remembers fondly her well-learned and a source of Judge Lagoa’s so graciously extended by Professor Stack childhood. Riding her bike up and down well-known independence. During her and others, and she acknowledged that she in front of her modest home under the ev- high school summers, Judge Lagoa’s inter- “cannot overstate how important mentors er-watchful eyes of her abuela, while her est in the law blossomed when she worked have been in shaping [her] professional life.” parents worked long hours to provide for in the circuit court clerk’s office in down- Those mentors not only educated Judge the family. Judge Lagoa readily shares her town Miami. As she recalls, “I would bring Lagoa as a young attorney in the practical and her parents’ story as a reminder of how the paper files to the judges’ chambers for business side of the law and client services, fortunate her family and so many other motion calendar and got to know several they also built her confidence in practicing Cuban-American families are. As she put of the judges. Judge Mario Goderich, who law by giving her the early opportunity to

10 11TH CIRCUIT HISTORICAL NEWS PHOTO COURTESY OF THE THE HUCK FAMILY OF THE COURTESY PHOTO

In January 2019, Gov. Ron DeSantis chose Judge Lagoa as his first appointment to the Florida Supreme Court, making her the first Hispanic woman to serve as a justice on that court.

do, not just watch. She appreciated that, “If I could do something like that as well. I Judge Lagoa is an example of how hard I prepared the motion for summary judg- didn’t know how you became a judge, but work and support from mentors can help ment, I argued that motion. If I prepped the I then knew that if I wanted to pursue that you make a mark on history. Her advice for witness, I handled that witness at trial. My avenue, it was open to me.” And, as they say, rising female lawyers on how to make their mentors were generous with their time and the rest is history. positive mark, big or small, is: “First, hone their willingness to give me the in-court While it is undisputed Judge Lagoa is a your skills and learn your craft as a lawyer. opportunities a young lawyer needs to cut highly accomplished professional, she also It may seem obvious, but before anything his or her teeth.” does a great job at balancing work and fam- else you have to learn to be an effective And it was while she was in private prac- ily life while raising three daughters. When lawyer. Second, find mentors—women and tice that Judge Lagoa exhibited graceful te- asked, “How do you do it all?” she acknowl- men who will encourage your professional nacity while under a national spotlight. In edges that there is no universal roadmap, but development, train you to become a better 1999, trial lawyer Barbara Lagoa was one of credits her mother as her personal role mod- lawyer and serve as your sounding boards the lead lawyers representing, on a pro bono el for work-life balance. Judge Lagoa shared for years to come. Finally, don’t be afraid basis, the Miami relatives of Elian Gonzalez, that her mom “made things seem effortless, to take chances or risks because you think the five-year-old Cuban boy who was res- but now I know she was waking up at 5 a.m. you might fail or because the timing isn’t cued on Thanksgiving by a local fisherman to get things done. Balancing a career and perfect. The timing is never perfect, and life just off the Florida coast. Elian’s mother had motherhood is a juggling act and a constant has no guarantees. Find the courage to do drowned at sea in her attempt to reach free- challenge that requires you to be flexible. something you think you are not ready to dom for Elian and herself. It was during this …” Judge Lagoa shared some simple advice do.” The sci-fi fan Judge Lagoa also coun- case that Judge Lagoa earned the sobriquet to help the work-family juggling act go a bit sels, “Do or do not. There is no try.” Yes, it’s “The Hammer” for her tenacity in hammer- more smoothly: “Get a network of mothers a Yoda thing. ing home legal points during argument be- for support, say yes to help and keep a sense Following her own advice, Judge Lagoa fore the District court. of humor.” Only half kidding, she added that continues to make her mark. As I hope you While her years in private practice and her favorite app is Instacart, which maximiz- can tell from this article, I am very proud of as a federal prosecutor honed her skills as es her grocery shopping efficiency. And, of my granddaughters’ mother.  a trial lawyer, Judge Lagoa’s judicial aspira- course, it doesn’t hurt to have a supportive tions began much earlier in her career when spouse. Despite their extremely busy and she handled a case in front of Cecilia Al- demanding professional schedules, Judge Hon. Paul C. Huck is a Senior U.S. District Judge of the U.S. District Court tonaga, who at the time was a county court Lagoa and her husband are a modern-day for the Southern District of Florida. judge in Hialeah but now serves as one of working husband-wife team, dedicated to my colleagues on the U.S. District Court their profession, yet never losing sight of for the Southern District of Florida. Judge the fact that their first priority is raising my Lagoa remembers, “Seeing her—someone granddaughters to be independent, thought- who looked like me—made me realize that ful and courageous young women.

WINTER 2020 11 SPECIAL AWARDS SENIOR DISTRICT JUDGE WILLIAM T. MOORE JR. Presented Bar Professionalism Award CHIEF U.S. DISTRICT JUDGE J. RANDAL HALL, U.S. DISTRICT JUDGE R. STAN BAKER, ASSISTANT U.S. ATTORNEY JOHN P. HARPER III AND ACTING CLERK OF COURT JOHN E. TRIPLETT

The Savannah Bar Association presented Se- efforts to various Bar activities, including nior District Judge William T. Moore Jr. with serving on the executive board for the State the Frank S. Cheatham Jr. Award for Profes- Bar of Georgia’s Younger Lawyers Section. sionalism in June 2019. The annual award, As the U.S. attorney for the Southern Dis- named for the late Chatham County Supe- trict of Georgia, Judge Moore stressed the rior Court judge and civic leader, recognizes importance of handling cases the proper a Savannah lawyer or judge who exemplifies way and counseled against any cheap shot the professional character of Cheatham. or unethical shortcuts in the name of jus- Judge Moore’s family, friends, colleagues tice. Upon returning to private practice, and members of the Savannah bar gathered Judge Moore stressed to younger lawyers for the presentation and spoke warmly re- the professional importance of preparation, garding Moore’s service as an attorney and civility and courage. judge. Members of the bar remarked on the Judge Moore continued to stress these importance Judge Moore places on profes- ideals after taking the bench. Lawyers ap- sionalism and civility amongst opposing pearing before him know that they will be counsel. U.S. District Judge R. Stan Baker treated fairly, respectfully and courteously. served as a law clerk for Judge Moore and Judge Moore is quick to correct anyone that noted that Judge Moore “is a man of amaz- engaged in behavior unbefitting of a mem- ing integrity, wit and good humor, and my ber of the profession, whether that was in time with him obviously made an indelible appearance, in conduct or in argument. And mark on my career. It made me a better he will not fail to let his opinion known that PHOTO COURTESY OF THE U.S DISTRICT COURT FOR THE SOUTHERN OF GEORGIA U.S DISTRICT OF THE COURTESY DISTRICT PHOTO lawyer, but also made me a better father, a attorneys have a higher responsibility when Senior U.S. District Judge William T. Moore better husband and a better man.” it comes to representing both their clients Jr. was honored with the Savannah Bar Assistant U.S. Attorney John Harper, also and the profession. However, once the point Association's Frank S. Cheatham Jr. Award for Professionism. a former law clerk to Judge Moore, present- is made, it is never belabored. Grudges are ed the award and noted that the many let- not held for disagreement, nor are future ters supporting Judge Moore’s nomination opinions tainted based on past behavior. He demonstrated that at all stages during his has constantly exhibited the highest ideals long and distinguished career, Judge Moore and aspiration of our profession. took the time to counsel younger attor- There is little better measure of his influ- neys about their role and responsibilities ence than to look at those fortunate enough as members of the legal profession. As a to learn from him in a professional setting young lawyer, Judge Moore volunteered his and how those lessons impacted their ca-

12 11TH CIRCUIT HISTORICAL NEWS THE ELEVENTH OFFICERS & TRUSTEES Suzanne E. Gilbert, Vice President, Florida CIRCUIT HISTORICAL Chief Judge William H. Pryor Jr., Honorary Chairman George L. Murphy Jr., Vice President, Georgia SOCIETY Halsey G. Knapp Jr., President John M. Tatum, Secretary Julian D. Butler, Vice President, Alabama M. Jerome Elmore, Treasurer

ALABAMA FLORIDA GEORGIA John N. Bolus, Birmingham Henry M. Coxe III, Jacksonville Sarah B. Akins, Savannah Celia J. Collins, Mobile Barry R. Davidson, Miami Robert M. Brinson, Rome Samuel H. Franklin, Birmingham Susan S. Erdelyi, Jacksonville Dan F. Laney, Atlanta Richard H. Gill, Montgomery Katherine E. Giddings, Tallahassee William H. Larsen, Macon Jeffrey R. McLaughlin, Guntersville John F. Harkness, Jr., Tallahassee Michael N. Loebl, Augusta William G. Parker, Jr., Montgomery Scott G. Hawkins, West Palm Beach Robert C. Martin, Jr., Columbus Scott A. Powell, Birmingham Benjamin H. Hill III, Tampa Chilton D. Varner, Atlanta George W. Royer, Jr., Huntsville Peter Prieto, Miami William N. Withrow, Jr., Atlanta Patrick H. Sims, Mobile Ryan K. Stumphauzer, Miami

reers. Counted among those are numerous practitioners well respected in their re- spective specialties, whether that is federal criminal defense, municipal bonds or com- Lawyers appearing before him plex litigation to name a few; career federal know that they will be treated fairly, prosecutors; current federal prosecutors; a federal public defender; a president of the respectfully and courteously. State Bar of Georgia; a Georgia magistrate judge; and even his own replacement on the federal bench. There is no doubt that they believe they owe their success in at least some small part to the respect he instilled in them for their professional obligations. Judge Moore attended Chatham Coun- ty public schools and graduated from Sa- vannah High School in 1958. He earned a degree from Georgia Military College, with distinction; a J.D. from the Universi- the past president of the Eleventh Circuit Dis- ty Georgia School of Law; and a Masters of trict Judges Association and served as a mem- Law degree from the University of Virgin- ber on the Eleventh Circuit Judicial Council. ia School of Law. Having attended Georgia Judge Moore was appointed to the feder- Military College on a football scholarship al bench by President William J. “Bill” Clin- and lettering in both football and baseball, ton and was sworn in as a district judge on Judge Moore then attended the University Oct. 31, 1994. He served as the chief district of Georgia on a baseball scholarship where judge from March 2004 to May 2010, and he was a two-year letterman. in February 2017, Judge Moore took senior From 1964 until his appointment to the judge status with the Southern District of federal bench in 1994, Judge Moore practiced Georgia. Having served nearly 26 years on law in Savannah, with the exception of serv- the bench, Judge Moore continues to carry ing as the U.S. attorney for the Southern Dis- a heavy caseload for the district. trict of Georgia from 1977-81. Judge Moore Judge Moore married Jane Hodges in served for six years on the Judicial Conference 1964. They have three children and never of the U.S. Committee on Criminal Law, was fail to dote on their six grandchildren. 

WINTER 2020 13 U.S. DISTRICT COURT APPOINTMENTS JUDGE J. P. BOULEE’S INVESTITURE

TATIANA E. POSADA

Friday, Aug. 23, 2019, marked Judge J. P. Boulee’s formal transition to his lifetime appointment as an Article III U.S. District judge. Family, friends, judges, lawyers and members of the public assembled in the cere- monial courtroom of the federal courthouse in Atlanta to watch Judge Boulee assume his position on the bench of the U.S. District Court for the Northern District of Georgia. Chief Judge Thomas W. Thrash opened the investiture with a theme that would permeate the event, “[T]oday’s ceremo- ny provides our court and the community an opportunity to recognize a man who has distinguished himself as an outstand- ing citizen and member of both the bench and the bar.” In his initial remarks, Chief Judge Thrash reflected on Judge Boulee’s PHOTO BY THE U.S. DISTRICT COURT OF GEORGIA FOR THE NORTHERN BY THE U.S. DISTRICT DISTRICT PHOTO career, which included a federal clerkship, four years of honorable military service as Former White House Counsel Donald F. McGahn (left) noted that Judge Boulee (right) has a captain in the U.S. Army Judge Advocate demonstrated a commitment to the law throughout his career. General’s Corps, 14 years in private practice at Jones Day law firm and four years as a DeKalb County Superior Court judge. took time to acknowledge Judge Boulee’s U.S. Bankruptcy Court for the Northern Former U.S. Magistrate Judge Richard H. family, friends, and current and former District of Georgia; the Supreme Court of Deane gave an inspiring invocation high- colleagues in the audience. Judge Boulee’s Georgia; the Court of Appeals of Georgia; lighting the investiture as a moment when immediate family included his wife, Julie; the Superior Court of DeKalb County; the “all those assembled . . . pledge fidelity to son, Forest; daughter, Pilar; mother, Stan- Superior Court of Oconee County; the Su- apply the rule of law without fear or favor.” ley; and sister, Renee Boulee Burgess. His perior Court of Cobb County; the Superi- In closing, he tasked Judge Boulee to serve extended family included his aunts, uncles, or Court of Douglas County; the Superior in this new role “with great honor and dis- nephew and in-laws. Court of Floyd County; the Superior Court tinction,” “with the courage of his convic- The courtroom was filled with judg- of Fulton County; and the State Court of tions,” “with reverence for the rule of law” es from the U.S. Court of Appeals for the DeKalb County. The audience also includ- and always, “with humility.” Eleventh Circuit; the U.S. District Court ed Sen. Johnny Isakson’s Chief of Staff Joan After the invocation, Chief Judge Thrash for the Northern District of Georgia; the Kirchner Carr; former Georgia Attorney

14 11TH CIRCUIT HISTORICAL NEWS ALL PHOTOS BY THE U.S. DISTRICT COURT OF GEORGIA NORTHERN FOR THE BY THE U.S. DISTRICT DISTRICT ALL PHOTOS

The Honorable J. P. Boulee addressed the court after Senior District Judge Orinda Evans Michael A. Caplan shared stories of Boulee administered the oath of office. He became only the 45th district judge in the 171-year as a soldier, prosecutor, defense lawyer, history of the U.S. District Court for the Northern District of Georgia. judge, husband, father, neighbor and friend.

General Sam Olens; BJay Pak, U.S. Attorney Boulee’s community interactions. Caplan by summarizing the “very taxing . . . intru- for the Northern District of Georgia; Exec- also proudly talked about how Judge Bou- sive . . . [and] time consuming process” in- utive Director Stephanie Kearns, Federal lee founded the DeKalb County Veterans volved with becoming a federal judge, and Defender Program, Northern District of Treatment Court to provide “drug and thanking both Judge Boulee and his family Georgia; DeKalb County District Attorney mental health treatment, food, housing, ed- for their willingness to go through the dif- Sherry Boston; and University of Georgia ucation, medical attention and job training ficult process. He underscored that in the School of Law Dean Bo Rutledge. to veterans in the criminal justice system.” search for federal trial judges, the Executive After these acknowledgments, Chief He concluded by sharing that in his ex- Branch “looked for . . . people who took se- Judge Thrash introduced the first speaker, perience, “[b]esides honesty and integrity, riously the law but also took seriously the Michael A. Caplan, founding partner obligation of public service and, most of Caplan Cobb in Atlanta and former importantly, showed a sort of work law clerk for U.S. District Judge Rick ethic and judgment and humility that Story. Caplan knows Judge Boulee as makes them stand out among their a colleague, mentor and friend. He “The duty that lies the colleagues.” And, that in their search, reminisced on the day the two met and nearest for me right they found what each speaker noted— how Judge Boulee “spoke enthusiasti- Judge Boulee “has demonstrated that cally about his work while showing a now, in addition to commitment to the law throughout his reverence for the law as an institution career. . . . His prose is clear. His fair- and a sense of modesty about his role family, is figuring this ness is obvious. His judgment is there.” within it.” He depicted Judge Boulee’s new job out . . .” Before reading Judge Boulee’s Presi- “insatiable sense of duty and service JUDGE J. P. BOULEE dential Commission, Chief Judge Thrash to others” by sharing stories of Judge emphasized the significance of Judge Boulee as a soldier, prosecutor, defense Boulee’s achievement by noting, “Since lawyer, judge, husband, father, neigh- its creation, the Northern District of bor and friend. Georgia has had only 44 district judges Just to name a few, Caplan quoted Col. a good judge has a calm and cautious de- [, and] [w]hen Judge Boulee takes his oath David Robertson recalling Judge Boulee’s meanor, an independence of mind, a sense today, he will become only the 45th district reputation for “kindness,” “a calm demean- of modesty in the role, and a strong fidelity judge in the 171-year history of our court.” or,” “a sharp intellect” and “a strong work to the rule of law,” and, importantly, that After reading the Commission, Chief ethic.” He emphasized Judge Boulee’s par- Judge Boulee “embodies each of these qual- Judge Thrash introduced the next segment ticipation in civic events, religious services ities and he does so with an almost infec- of the ceremony—the administration of the and legal organizations throughout DeKalb tious optimism and good spirit.” oath for federal judges. He articulated the County by quoting DeKalb County CEO Next, former White House Counsel importance of a judge taking his oath pub- Michael Thurmond reflecting on Judge Donald F. McGahn gave remarks. He began licly, “A judge’s oath is, after all, the judge’s

WINTER 2020 15 PHOTO BY THE U.S. DISTRICT COURT OF GEORGIA FOR THE NORTHERN BY THE U.S. DISTRICT DISTRICT PHOTO

Judge J. P. Boulee’s family proudly joined him in the ceremonial courtroom of the federal courthouse in Atlanta for his investiture.

sacred promise to each American that he than Deal; his fellow Superior Court judges ans Court and perhaps in at least a small will uphold the rule of law and the most and all those in DeKalb County; his former way repay some of that debt. . . . The duty cherished ideals of our democracy.” Chief colleagues at Jones Day; the men and wom- that lies the nearest for me right now, in Judge Thrash then invited Judge Boulee, en he served with in the 101st Airborne Di- addition to family, is figuring this new job along with his wife and children, forward vision (Air Assault); Judge Evans; his pro- out, hopefully getting it right and eventual- for the oath. fessors at the University of Georgia School ly starting to track. Once I do and I feel that Hon. Orinda Dale Evans, senior judge, of Law, and Washington and Lee; and his there’s time for something else on my plate, U.S. District Court for the Northern Dis- teachers at DeKalb County Public Schools. I will hope to find another way to continue trict of Georgia, administered the oath. The He then turned to outlining his aspira- to repay that debt.” selection of Evans to give the oath was no tion to “secure the just, speedy and inex- As the room quieted from applause, insignificant detail. Judge Boulee began his pensive determination of every action.” He Chief Judge Thrash’s voice arose, “Judge legal career as a law clerk for Evans, and this explained how moving cases quickly and Boulee, we would be honored to have you touching moment symbolized the notable competently is a high priority because ulti- join us here on the bench.” completion of a cycle beginning and ending mately, “[j]ustice delayed is justice denied.” And with that, Judge J. P. Boulee walked with the federal court. After the oath, Julie He also defined the judiciary’s role by quot- away from the podium and assumed his po- Boulee assisted Judge Boulee with the don- ing U.S. Supreme Court Chief Justice John sition on the bench of the U.S. District Court ning of the robe of his office, and it is with Marshall and Supreme Court of Georgia for the Northern District of Georgia.  this robe that Judge Boulee approached the Justice David Nahmias, “It’s our province podium to give his remarks. and duty to say what the law is, not what Judge Boulee began by thanking all the it will be.” Tatiana E. Posada is a term law clerk for Hon. J. P. Boulee. She is a graduate of speakers for being a part of the ceremo- Lastly, Judge Boulee shared with the au- the Georgia Institute of Technology and ny and the clerk of court for planning the dience how much he misses being a part of Georgia State University College of Law. event. He then thanked President Donald the Veterans Treatment Court. Describing Trump, Senators Johnny Isakson and David his Army service and how it intertwined Perdue, their colleagues on both sides of the with his creation of the Veterans Treatment aisle in the U.S. Senate, and their senior ad- Court, he stated: visors and staff for all of the work involved “I was never even remotely in harm’s in nominating and confirming him. way. My timing was good. I completed my After these notes, he reflected on those service in the summer of 2001. And may- who have helped him get to this point and be it’s because of that timing, I don’t know, those who have been important in his life, but I . . . feel a deep debt to those who have from his mother and father to his now fel- served in wartime and put their lives at risk low judges and all those in between. The list so that the rest of us can live free. … So, it included: his wife and children; Gov. Na- was really wonderful to be a part of Veter-

16 11TH CIRCUIT HISTORICAL NEWS U.S. DISTRICT COURT APPOINTMENTS JUDGE RODNEY SMITH’S INVESTITURE

DANIEL CRISPINO, LATOYA BROWN AND CYNTHIA BULAN

“I come from very humble beginnings and The investiture commenced with the Foster-Morales, president (then-president know that the American dream is alive and Pledge of Allegiance led by Judge Smith’s elect) of The Florida Bar, who presented it’s for anyone who dares to dream. It does two children, Morgan and Bryce Smith, fol- Judge Smith with an honorary Bible. She not matter if you were raised by a single lowed by an invocation by Bishop Victor T. spoke briefly about Judge Smith’s inspira- mother on public assistance in a pover- Curry and Rev. Robert T. Tyler of the New tional background; among other things, he ty-stricken and drug-infested and violent Birth Baptist Church Cathedral of Faith was the first college graduate in his family, community that was plagued with three International. Chief Judge Moore then and he rose through the ranks at the Mi- major riots. You could become the first Ea- thanked everyone for their attendance at ami-Dade County State Attorney’s Office gle Scout of your troop, the first high school this “special occasion” for both Judge Smith and the Miami Beach City Attorney’s Of- graduate, the first college graduate, the first and the court, as Judge Smith’s investiture fice, eventually to the Florida State Court law school graduate, the first lawyer, and completed the “trilogy” of investitures bench. “Judge Smith is just one of those in- the first state and federal judge of your fam- alongside newly confirmed District Judges spirational folks who make you proud to be ily or anything else that your heart desires.” Roy Altman and Rudolfo Ruiz. a Miamian. The term ‘home grown’ is what These were the inspirational words of Hon. Chief Judge Moore gave the floor to Dori it’s all about with him,” said Foster-Mo- Rodney Smith at his investiture as a feder- al judge of the U.S. District Court for the Southern District of Florida. On Nov. 1, 2019, Chief Judge K. Michael Moore welcomed hundreds in attendance in the Ceremonial Courtroom (as well as three overflow courtrooms) at the Wilkie D. Fergu- son Jr. U.S. Courthouse to the formal investi- ture of Judge Smith. Numerous legal luminar- ies, politicians and distinguished guests were in attendance, including U.S. Congresswom- an Frederica Wilson; U.S. Eleventh Circuit Judges and Barbara Lagoa (then-Florida Supreme Court Justice); retired Florida Supreme Court Justice Peggy Quince; former Florida Lt. Gov. Carlos Lopez-Can- tera; U.S. Attorney for the Southern District of Florida Ariana Fajardo Orshan; as well as a litany of District, Magistrate and Florida State U.S. District Judge Rodney Smith is welcomed by his colleagues to the bench after receiving Court judges and justices. the oath of office in the presence of family and friends.

WINTER 2020 17 COURT SOUTHERN FOR THE OF FLORIDA, BY U.S. DISTRICT DISTRICT ALL PHOTOS PHOTOGRAPHY PORTNOY BY DANIEL

U.S. District Judge Donald L. Graham administers the oath of office to Judge Rodney Smith, Judge Rodney Smith addresses the crowd who is joined by his wife Dr. Tangelia Smith, daughter Morgan and son Bryce. with humor and gratitude.

rales. “And anyone who knows Judge Smith Before turning to the scheduled speak- eyed, energetic, very enthusiastic individu- knows two things about him. He is both ers, Chief Judge Moore read aloud a letter al” in the interview. He hired Judge Smith very humble and full of gratitude. He ex- from Sen. Marco Rubio, who was not in on the spot. emplifies the quote by Oprah Winfrey that attendance, stating: “[P]lease allow me to McGrane then recounted the story of goes, ‘be thankful for what you already congratulate you on your investiture to the Judge Smith’s very first trial in federal court. have.’ You’ll end up having more. If you United States District Court for the South- McGrane asked Judge Smith to check who concentrate on what you don’t have, you ern District of Florida. Throughout your le- the judge was on the case and see if that will never ever have enough.” gal career you have served with honor and judge had published any decisions or or- Benjamin Brodsky, on behalf of the upheld the principles preserved within our ders. Only one problem: the judge—Dis- South Florida Chapter of the Federal Bar Constitution using wisdom, mercy and re- trict Judge James Cohn—had only recently Association, spoke next. Though Brodsky spect for our laws. I am confident that you been confirmed to the federal bench, and it intended to give Judge Smith a gavel, as will continue to help shape Florida and the was his first federal trial, too. Still, McGrane is tradition, due to transportation issues nation for the better. I send my best wish- recalled, “Rodney Smith was better pre- he was humorously only able to present a es to you and I look forward to hearing of pared than anyone else in that courtroom. foam gavel more akin to a “children’s toy.” your good work in the years ahead.” At the Rodney Smith brought in proposed jury (Judge Smith was not offended.) Brodsky request of Sen. Rubio, a flag was flown over instructions that were adopted entirely by remarked: “I’ve had the good fortune to ap- the U.S. Capitol in recognition of Judge the judge. He had a proposed verdict form pear before Judge Smith a number of times Smith’s investiture. that the judge adopted without changing a while he was on the State Court bench, and The first speaker was Miles McGrane, word. He was prepared for every possible I was always incredibly impressed by his Judge Smith’s former supervising law part- argument. And it was clear to anyone there patience, his judgment, his willingness to ner at McGrane Nosich & Ganz, P.A. Mc- that Rodney Smith had done the job.” listen and his decisiveness when action was Grane started things off by introducing McGrane explained that he tells this story necessary. We are very lucky to have you, the audience to Judge Smith’s sense of hu- because “the Rodney Smith in 2003 is real- Judge Smith, on our bench, and we thank mor, as McGrane had previously reminded ly no different than the Judge Smith we see you for your public service.” Judge Smith that this was his third investi- today. . . . He is always an individual who’s With that, District Judge Donald Gra- ture that he had attended and spoken at, to prepared. He’s going to be a great addition ham administered the oath to Judge Smith, which Judge Smith replied: “You’re going to to what is already an unmatched panel of but not before recognizing the many indi- keep doing it until you get it right.” judges throughout the United States. If you viduals from the National Bar Association McGrane then spoke about the time he go to his courtroom, you will always see the and the National Bar Judicial Council who first met and interviewed Judge Smith in most prepared individual. That’s the Rod- had traveled from all over the country to 2003, after his resume stood out to him ney Smith that’s here today. That’s the Rod- be there. Judge Smith then took the oath from the pack. McGrane explained that ney Smith that has always been.” and joined his colleagues on the bench to a they had similar backgrounds of coming up Hans Ottinot Sr., chief legal strategist for roaring, standing ovation. on their own. McGrane described “a bright- RK Centers, then took the podium. Ottinot

18 11TH CIRCUIT HISTORICAL NEWS “Never doubt your faith, don’t abandon your dreams and don’t compromise your integrity because you too can become one day a judge instead of being judged by a judge.”

JUDGE RODNEY SMITH PHOTO BY U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, COURT FOR THE SOUTHERN OF FLORIDA, BY U.S. DISTRICT DISTRICT PHOTO PHOTOGRAPHY PORTNOY BY DANIEL

The pledge of allegiance was led by Judge Rodney Smith’s children, Morgan and Bryce.

and Judge Smith grew up only a few blocks who grew up in Liberty City, three violent With that, Judge Smith approached the apart in Liberty City. “Today is a great day riots which could have made him very cyn- podium and addressed the court. There are for Liberty City,” Ottinot exclaimed. “It is ical about the notion of justice. Instead, he many variations on the investiture speech, also a great day for America.” Ottinot re- found a path to provide justice, to dispel a but Judge Smith’s can be summed up in two marked that, as an American who came notion which existed daily in Liberty City words: thank you. Showcasing his humili- from Haiti, it was only in America where that the meaning of the word ‘justice’ in the ty and gratitude, Judge Smith proceeded to someone like Judge Smith could rise out of criminal context means ‘just us.’ He could thank the numerous people in his life who poverty and despair and become a federal have easily allowed peer pressure to lead helped him along his journey in becoming judge in his hometown. He gave credit to him to a life of criminality, which unfortu- a federal judge. He thanked the president the late Judge Wilkie D. Ferguson Jr., also nately exists in some parts of Liberty City for his nomination and the U.S. Senate for a native son of Liberty City, whose name and other poverty-stricken areas. Instead, his confirmation, as well as the Department adorns the Miami federal courthouse and he found the Boy Scouts which gave him an of Justice, White House Counsel staff and who inspired Judge Smith to dream that he opportunity to experience a different life. members of the Judicial Nominating Com- too could be become a federal judge. Today he is an Eagle Scout for his troop in mittee. He thanked Congresswoman Wil- Judge Smith loves Liberty City, Ottinot Liberty City.” Ottinot told the audience how son for her support over the years, as well explained, so much so that he called him- Judge Smith was the first one in his family as Judge Graham. “Not enough words can self “The Skinny Kid from Liberty City.” to attend college at Florida A&M Univer- describe this man here,” Judge Smith said But Ottinot disagreed with that nickname sity and law school at Michigan State, and about Judge Graham. “Mentor comes to and said that Judge Smith should instead be how he became a state prosecutor while still mind, friend, hard worker and trailblazer known as the “The Smart Kid from Liber- living in Liberty City and riding the bus to are just a few words to describe who you ty City,” eliciting uproarious applause from and from work. are, sir, who believed in me many years ago those in attendance. Ottinot explained that “Today,” Ottinot proclaimed, “is the last day and took me under your wings so that I can everyone was skinny growing up in Liber- we will use the phrase ‘Skinny Kid from Lib- call you my federal colleague. But just don’t ty City, himself included, and that “Rod- erty City’ to describe Judge Smith. He is the talk about the Ohio State and Michigan ney was skinny because he would lose five smart kid from Liberty City. How often do we State game until March Madness comes.” pounds for a day because he did not have see the words ‘Smart Kid in Liberty City’ being Judge Smith told the story of his Senate the luxury of having air-conditioning in his used in the same sentence? . . . Judge Smith is confirmation hearing, where Sen. John Ken- house, like all of us.” changing the false narrative that young people nedy asked his son, Bryce, about a speech that But Judge Smith, though too humble to from Liberty City are not smart because he has he had written and which “no one pre-ap- describe himself as smart, was the smart demonstrated that you have to be smart if you proved.” As Judge Smith sat there with bated and strong kid who graduated from Miami want to travel the road that he has traveled to breath, Bryce gave a speech about God and Northwestern, insisted Ottinot. “Rodney be a federal judge.” “Today,” he exclaimed again concluded by saying “Vote for my daddy.” had to be strong and smart at an early age in conclusion, “is a great day for Liberty City “And that is when I regained consciousness,” because he experienced, just like all of us and a greater day for America.” Judge Smith explained to much laughter.

WINTER 2020 19 The Eleventh Circuit Historical Society Name P.O. Box 1556 | Atlanta, GA 30301 Address (404) 335-6395 Telephone I hereby apply for membership in the class checked Email below and enclose my check for the amount below, payable to the Eleventh Circuit Historical Society. *Keystone Firms: Please name five (5) members ANNUAL MEMBERSHIP of your firm to be Society members. Student...... $ 5.00 1. Judge/Individual...... 50.00 Associate...... 100.00 2. Contributing...... 250.00 3. Sustaining (individual)...... 500.00 Keystone (law firm)*...... 500.00 4. Patron...... 1,000.00 5.

He gave special thanks to his wife, Dr. try to acknowledge as many of the individ- In the end, the overarching theme of Tangelia Smith, of “16 years, four months, uals and groups as he could, time would not Judge Smith’s speech and investiture was four days, five-and-a-half hours and count- permit him to name every single person. one of humility, perseverance and hope. ing.” “Tan, you’re not only a great wife but a “So unless some brave soul would like to The Skinny, Smart Kid from Liberty City best friend and soulmate, but also extreme- volunteer to read over 600 names, keeping implored his audience to “never doubt your ly smart. You worked hard while we had in mind you do so at your own peril, please faith, don’t abandon your dreams and don’t children to earn your doctorate degree. . . raise your hand. . . . No hands raised for the compromise your integrity because you too . As a public servant, you’re an outstanding record.” This article, too, merely summa- can become one day a judge instead of be- and highly effective educator who serves as rizes the many, many people Judge Smith ing judged by a judge.”  a speech language pathologist for the Mi- acknowledged, without attempting to list ami-Dade Public Schools educating many them all. children, besides being a member of Delta Judge Smith gave special thanks to his Daniel Crispino, Latoya Brown and Cynthia Bulan served as law clerks for Sigma Theta Sorority, Incorporated. You’re scouting family, putting it simply: “scouting Judge Rodney Smith during his first a wonderful mother to our amazing chil- saves lives.” “Sometimes I’m asked, when year on the U.S. District Court for the dren that God has blessed us with. Morgan they introduce us, that I’m a judge, why Southern District of Florida. and Bryce, I love you both. And you’re very would a judge want to take away time and smart, talented, funny and good looking go camping with kids and these boys?” His like your parents.” answer: “[S]entencing is one of the most Smith continued to thank all of the peo- difficult tasks or duties that a judge can do ple in his life: his family members; lifelong and perform, and I would say I would rath- friends, supervisors and work colleagues; er see these boys camping in the woods in a members of the Wilkie D. Ferguson Bar six-by-nine tent than in a six-by-nine cell.” Association, of the 100 Black Men of South Judge Smith responded to Hans Ottinot’s Florida and of the 5,000 Role Models of Ex- new nickname for him: “I know Hans tried cellence Project; his fraternity brothers of to change my name to “Smart Kid,” but I’m Kappa Alpha Psi Fraternity; his Boy Scout going to stick with what I normally say. Troop; his teachers from high school, col- Those are the words of a skinny kid from lege and law school; his colleagues on the Liberty City with a big dream. And since state and federal bench; and his law clerks I’ve been married, my wife is an excellent and chambers staff. Judge Smith had to cook. I used to be a skinny kid from Liberty warn his audience that although he would City with a big dream.”

20 11TH CIRCUIT HISTORICAL NEWS ISSUE HIGHLIGHTS

The 2020 Eleventh Circuit Issue of the Law Review Highlights ARBITRATION IN THE ELEVENTH CIRCUIT MELANIE KALMANSON

This summer, the University of Miami Law articles all highlight a recent Eleventh Cir- 4. Christina M. Frohock & Marcos Daniel Jiménez, Review published the 2020 Eleventh Circuit cuit decision regarding Arbitration in the Exactly What They Asked For: Linking Harm and 6 Intent in Wire Fraud Prosecutions, 74 U. Miami L. Issue (Volume 74, Issue 4). Eleventh Circuit. The series of articles was Rev. 1037, 1037 (2020). part of a seminar on international commer- This issue includes six articles and one 5. John H. Rooney, Jr. & Sandra Friedrich, Pref- cial arbitration at the University of Miami ace: International Commercial Arbitration in the student note. In the first article, I analyzed 7 the demographics of Florida’s death row, School of Law. United States Court of Appeals for the Eleventh Circuit, 74 U. Miami L. Rev. 1070, 1070 (2020). specifically in relation to the U.S. Supreme Finally, the issue ends with a student note Court’s 2016 decision in Hurst v. Flori- by Ben Longnecker discussing states’ im- 6. Id. See generally Brian A. Briz & César Me- jía-Dueñas, Which Law Is Supreme? The Interplay da1—holding that Florida’s way of sentenc- plementation of supervised injection sites as an effort to address the opioid epidemic.8 Between the New York Convention and the Mc- ing defendants to death violated the Sixth Carran-Ferguson Act, 74 U. Miami L. Rev. 1124 Longnecker argues that federal challenges (2020); Juan C. Garcia & Ivan Bracho Gonzalez, Amendment to the U.S. Constitution—and 9 the Florida Supreme Court’s decisions fol- to supervised injection sites should fail. Interpretation of Article V of the New York Con- vention in the Eleventh Circuit: Industrial Risk lowing Hurst v. Florida.2 The note also seeks to show that “these sites . . . practically combat the harms of the opi- Insurers, 74 Miami L. Rev. 1080 (2020); Harout In the second article, University of Mi- J. Samra & Ramya Ramachanderan, A Cure for 10  ami School of Law Professor Christina M. oid crisis.” Every Ill? Remedies for “Pathological” Arbitration Frohock and practitioner Marcos Daniel Clauses, 74 U. Miami L. Rev. 1110 (2020). Jiménez review the U.S. Circuit Court of 7. Rooney & Friedrich, 74 U. Miami L. Rev. at 1071. Melanie Kalmanson Appeals for the Eleventh Circuit’s recent joined the Appellate 8. Ben Longnecker, Federal Ignorance and the Bat- opinions regarding federal criminal fraud tle for Supervised Injection Sites, 74 U. Miami L. Practice Group at Rev. 1145 (2020). prosecutions. The article “tracks the devel- Akerman LLP in opment of the court’s view” on this topic Tallahassee, Florida, in 9. Id. at 1145. and advocates for an interpretation of the January 2019. She is a 10. Id. court’s 2016 decision in United States v. member of the Eleventh Takhalov3 “that links harm to the specific Circuit Historical Society. intent necessary for a federal criminal fraud ENDNOTES charge.”4 Next, practitioner John H. Rooney, Jr., 1. 136 S. Ct. 616 (2016). and University of Miami School of Law 2. Melanie Kalmanson, The Difference of One Vote Professor Sandra Friedrich introduce the or One Day: Reviewing the Demographics of Flor- next three articles, which were “co-au- ida’s Death Row After Hurst v. Florida, 74 U. Mi- thored by a Miami attorney who practices ami L. Rev. 990 (2020). in the area of international arbitration and a 3. United States v. Takhalov, 827 F.3d 1307 (11th recent graduate of the White & Case Inter- Cir. 2016), as modified on reh’g by United States v. Takhalov, 838 F.3d 1168 (11th Cir. 2016). national Arbitration LL.M. Program at the University of Miami School of Law.”5 These

WINTER 2020 21 Gibbons Federal Courthouse, continued

The Need for a New Federal nial shoveling of the first shovelful of dirt new federal courthouse.24 At the dedication 17 Courthouse in Tampa for the construction of the new building. ceremony, Congressman Gibbons stated: “I The construction of the building be- am so proud that my name be attached to As the Classic Courthouse aged, it required gan approximately one month later, in or this building. . . . We build these wonderful increasing care and attention. Significant about March 1995. As the property was be- buildings and name them after people, but renovations were made in various quarters ing cleared and prepared for construction that is insignificant compared to what goes of the building.8 However, issues surround- of the new federal courthouse, a treasure on within this building.”25 He then lavished ing mold and mildew were not satisfactorily trove of artifacts from more than a centu- praise on the outstanding judges and other resolved in some areas of the building.9 ry earlier were discovered.18 The relics were persons who work inside the federal court- At the same time that the Classic house. Gibbons described the judges Courthouse was manifesting increas- as the “bedrock of our civilization.”26 ing signs of deterioration, the Tampa He also remarked that “in America, Division of the Middle District of Flor- we’re proud of our judicial system” and ida—which serves Hardee, Hernando, Gibbons, a native of its judges who are not influenced by Hillsborough, Manatee, Pasco, Pinel- Tampa and a Tampa “whim, politics, threats or coercion.”27 las, Polk and Sarasota Counties—was Numerous dignitaries attended the experiencing substantial growth in its lawyer, served in event and applauded Congressman population. Additionally, the Middle Congress for 34 Gibbons for his patriotism and public District of Florida was experiencing a service. Hon. Elizabeth A. Kovachev- significant increase in the number of years. Prior to that, he ich, Chief U.S. District Judge of the civil and criminal cases filed, and civil Middle District of Florida, stated that and criminal trials conducted.10 served in the Florida the new federal courthouse was a tes- With the backdrop of an aging and Legislature for 10 years. timonial to Congressman Gibbons’ debilitating courthouse, and with the lifetime of public service.28 Chief Judge need for more spacious quarters to He was also a hero of Kovachevich further praised Con- house the increasing needs of the Tam- World War II who saw gressman Gibbons for providing “in- pa Division, court officials began ex- spiration and leadership when it wasn’t ploring the possibility of building a new action on D-Day. popular to do so in regard to civil federal courthouse. Ultimately, those ef- rights legislation.”29 Hon. Bob Graham, forts came to fruition when funding for U.S. Senator from Florida, remarked the construction of a new federal court- that “America is a better place” because house in Tampa was initially approved of Congressman Gibbons’ leadership in 1992.11 And, in 1993, an additional sum collected by archeologists for research pur- and dedication.30 was appropriated for the construction of the poses.19 Experts hired by the federal gov- Prior to concluding the dedication cer- new federal building.12 ernment were to use the artifacts to study emony, Gibbons, and his wife Martha, cut the lifestyle of the persons residing on the the ribbon to the new courthouse.31 The The Groundbreaking property more than 100 years ago.20 More public was then invited for a special tour Ceremony for the Gibbons than a century earlier, in the 1880s, at the of the vast ceremonial courtroom on the Federal Courthouse location where the new federal courthouse seventeenth floor of the Gibbons Federal is situated, the Palmetto Hotel was being Courthouse.32 On Feb. 17, 1995, a groundbreaking cere- constructed adjacent to a home.21 Later the same day, at the annual din- mony for the new federal courthouse was ner meeting of the Tampa Bay Chapter of held at the corner of Polk Street and Florida The Naming and Dedication the Federal Bar Association, Hon. Clar- Avenue, Tampa, two blocks north of the old of the Gibbons Federal ence Thomas, associate justice of the U.S. federal courthouse.13 Commemorative re- Supreme Court, also paid tribute to Con- marks were offered by Hon. Sandra Freed- Courthouse gressman Gibbons. Justice Thomas, who man, Mayor of the City of Tampa;14 Hon. On Oct. 2, 1996, while the new federal served as the keynote speaker at the event, John H. Moore II, Chief U.S. District Judge courthouse was being built, Congress des- remarked how heartening it was to see and for the Middle District of Florida;15 and ignated the new facility as the “Sam M. Gib- hear from Gibbons, a person who believed Hon. Sam M. Gibbons, Congressional Rep- bons United States Courthouse” (Gibbons genuinely and fervently in what he said and resentative for the 11th District of Florida.16 Federal Courthouse).22 The official dedi- achieved.33 The event was concluded by Mayor Freed- cation of the Gibbons Federal Courthouse Gibbons, a native of Tampa and a Tam- man, Chief Judge Moore, Congressman occurred the following year, on Dec. 12, pa lawyer, served in Congress for 34 years. Gibbons and Regional Administrator of the 1997, before the completion of the build- Prior to that, he served in the Florida Leg- General Services Administration (GSA) ing.23 The dedication ceremony was held in- islature for 10 years. He was also a hero of Carole Dortch participating in the ceremo- side the towering glass-capped lobby of the World War II who saw action on D-Day. At

22 11TH CIRCUIT HISTORICAL NEWS Gibbons Federal Courthouse, continued PHOTO COURTESY OF THE MIDDLE DISTRICT OF FLORIDA WEBSITE OF FLORIDA MIDDLE OF THE COURTESY DISTRICT PHOTO

(Top left) The “Classic Courthouse” in Tampa was completed in 1905 and is included on the list of the United States National Register of Historic Places. (Top right) The groundbreaking ceremony for the new federal courthouse in Tampa was held on Feb. 17, 1995. (Bottom left) The portrait of Samuel M. Gibbons hangs in the first floor of the federal courthouse. (Bottom right) The official dedication of the Gibbons Federal Courthouse occurred on Dec. 12, 1997, before

PHOTO COURTESY OF JERRY COURTESY GEWIRTZ PHOTO the building was completed.

WINTER 2020 23 Gibbons Federal Courthouse, continued age 24, Gibbons served as a captain in the 501st Parachute Infantry, a part of the 101st Airborne Division “Screaming Eagles” which, together with the 82nd Airborne Division, landed a total of 12,000 parachut- ists and helped spearhead the invasion of Europe.34 Gibbons was awarded the Bronze Star and the French Medal of Valor.35 Congressman Gibbons also played a major role in the creation of the Universi- ty of South Florida; helped make possible the construction of Tampa International Airport; obtained a construction grant for Hillsborough Community College; fought to keep MacDill Air Force Base in Tampa; successfully advocated for funding for the James A. Haley Veterans Administration Hospital; assisted in the establishment of the University of South Florida medical school; championed efforts to bring more OF FLORIDA MIDDLE OF THE COURTESY DISTRICT PHOTO public scrutiny to government; and au- Turkey vultures seized the Gibbons Federal Courthouse. The accumulation of the residue of thored legislation that established the Hill- bird droppings on the courthouse windows was visually repulsive and caustic, but they were sborough County City-County Planning ultimately removed. Commission.36 He was also instrumental in the approval of funding for the new fed- eral courthouse.37 Congressman Gibbons The Gibbons Federal Courthouse is the upper reaches of some of Tampa’s tallest passed away on Oct. 10, 2012, at age 92. home to the U.S. District Court judges, buildings until approximately mid-March.46 U.S. Magistrate judges and U.S. Bankruptcy The seizure of the Gibbons Federal The Relocation of the judges. In addition, the building houses the Courthouse by the turkey vultures created Judges Into the Gibbons chambers of Judge Charles R. Wilson of the a variety of issues. The vultures defecated Federal Courthouse U.S. Court of Appeals for the Eleventh Cir- on windows, ledges and the street below; cuit.44 Prior to the opening of the Gibbons pecked at caulking; and unleashed bird In 1998, the Gibbons Federal Courthouse Federal Courthouse, the Bankruptcy Court droppings on unsuspecting pedestrians.47 was completed and ready for occupancy. operated in rental space near Tampa Inter- The accumulation of the residue of bird Many of the federal judges assigned to the national Airport.45 droppings on the windows was visually Tampa Division began moving into the new repulsive and caustic. Several approaches facility, located at 801 North Florida Ave- Challenges That Have were tried in an effort to resolve the prob- 38 nue, Tampa, in or about October 1998. Plagued the Gibbons Federal lem. One course of action was installing a Some of the U.S. Bankruptcy judges be- device known as the Super Bird Expeller gan conducting judicial proceedings in the Courthouse on top of the courthouse.48 The device had Gibbons Federal Courthouse earlier in the The Gibbons Federal Courthouse, although two small boxes wired to speakers pointing year, in or about April 1998.39 substantially larger and much more mod- down the sides of the 17-story building.49 The Gibbons Federal Courthouse, which ern than its predecessor, has unfortunately The boxes emitted a screeching sound every offers panoramic views of downtown Tam- been beset by a series of challenges. These 45 seconds.50 Another approach was plac- pa and Tampa Bay, stands 17 floors above problems include turkey vultures descend- ing electric wires along the upper ledges of the ground and is approximately 409,294 ing on the building, leaking windows, water the building to repel the vultures.51 A third square feet in capacity.40 By comparison, pipe leaks, indoor air quality issues, judges’ course of action was the installation of a the Classic Courthouse reportedly contains benches needing to be raised and malfunc- series of seven-inch spikes on the ledges of 105,030 square feet.41 One of the attributes tioning elevators. the upper floors of the courthouse. Unfor- of the Gibbons Federal Courthouse is its Invasion of the Turkey Vultures tunately, the latter approach left a wide and state-of-the-art technology. It includes vid- protected area inside the spikes for the vul- eo and audio equipment that facilitates wit- Soon after the construction of the Gibbons tures to roost. Accordingly, a second row nesses’ ability to testify and to offer docu- Federal Courthouse, a blizzard of turkey vul- of spikes was strategically placed along the mentary evidence from a remote location.42 tures began descending on the wide ledges ledges to abate the problem. of the building. The turkey vultures migrate The security at the new federal courthouse Leaking Windows is also state-of-the-art.43 to Tampa from the central United States ev- ery year, around mid-October, and perch in Leaking windows have also plagued the 24 11TH CIRCUIT HISTORICAL NEWS Gibbons Federal Courthouse, continued

Gibbons Federal Courthouse. The issues At the request of the GSA, the U.S. De- Gibbons Courthouse during this sur- surrounding the leaking windows at the partment of Health and Human Services, vey predominantly meets the estab- courthouse have been the subject of at least Federal Occupational Health (FOH), con- lished evaluation criteria. In general, a few articles.52 The resolution of the leak- ducted an indoor environmental quality indoor airborne fungal levels in the ing windows was ultimately achieved albeit survey at the Gibbons Federal Courthouse. Gibbons Courthouse were lower than at a significant expense.53 On Oct. 12, 2011, the FOH issued a lengthy those of outdoors and fungi detect- Water Pipe Leaks Indoor Environmental Quality Report, to- ed indoors were similar to those of taling 749 pages including appendices. The outdoors. Elevated fungal levels were The Gibbons Federal Courthouse has conclusions of the Indoor Environmental detected from some dirt-laden ventila- been the subject of floods caused by water Quality Report are summarized as follows: tion grills and low levels of water-dam- pipe leaks. One of these spills purported- The overall conclusion is that the air age indicator fungi were recovered ly drenched carpets and ceiling tiles with from some carpet dust samples.57 about a residential swimming pool’s vol- quality parameters evaluated in the ume of water.54 On another occasion, a pipe The Indoor Environmental Quality Re- ruptured on the 16th floor of the Gibbons port also makes numerous general and Federal Courthouse that caused flooding specific recommendations to attempt to improve and maximize air quality in the damage on six floors, from the 16th to the 58 11th floors.55 Gibbons Federal Courthouse. Indoor Air Quality Issues Judges’ Benches The indoor air quality at the Gibbons Feder- When the Gibbons Federal Courthouse was al Courthouse has been the subject of some initially opened, some of the judges’ bench- complaints and investigations. In written es were too low for the presiding judges to adequately view everyone in their respective materials, that are distributed to new em- 59 ployees at the Gibbons Federal Courthouse, courtrooms. Accordingly, it was necessary that the judges’ benches be raised to the ap- disclosure is made of the indoor air quality 60 issues that have been the subject of investi- propriate height. gation. The cover sheet to the written ma- The elevation level of a judge’s bench is terials states: important and plays a dual role. It enables the presiding jurist to see all the people in IMPORTANT the courtroom. In addition, “the height and Building Quality Information location of the judge’s bench expresses the

Two courthouses within the Mid- ARCHIVES OF FLORIDA MIDDLE OF THE COURTESY DISTRICT PHOTO role of the judge and facilitates control of dle District of Florida (Fort Myers & the court.”61 Tampa) have been the subject of com- Malfunctioning Elevators plaints by the employees that occupy them. These complaints have led to During the infancy of the building, approx- extensive environmental and health imately one dozen members of the Tampa investigations that were largely com- Bay Bankruptcy Bar Association were un- able to extricate themselves from an elevator pleted in 2001. An epidemiological 62 study of the Middle District of Florida for approximately 15 minutes. When the employees has concluded that respira- group was unable to obtain help through the telephone in the elevator, the lawyers pried tory symptoms (cough, wheezing, dys- 63 thymia, chest-tightness, and mucous open the door with their fingers. Addition- production) are more common among ally, in the embryonic stages of the building, there was a problem with the prisoner ele- the Middle District of Florida employ- 64 ees than expected. The epidemiologi- vator not working properly. Intermittent malfunctioning elevators continue to plague

cal study, together with environmental OF JERRY COURTESY GEWIRTZ PHOTO data gathered from each of the court- the Gibbons Federal Courthouse. houses, suggests that mold exposure (Top) The new federal courthouse was named in some of these buildings may have for Congressman Sam M. Gibbons, who was Orders entered, and safety caused allergic respiratory disease in applauded by the numerous dignitaries who attended the dedication ceremony for measures taken, during some courthouse occupants. his patriotism and public service. (Bottom) the COVID-19 pandemic If you would like to obtain more Panoramic view from the 17th floor of the information on the environmental Gibbons Federal Courthouse. The COVID-19 pandemic has created enor- and health investigations in your mous—and unprecedented—challenges for courthouse, please contact Human all federal and state courts throughout the Resources at 407-835-4238.56 WINTER 2020 25 Gibbons Federal Courthouse, continued PHOTO COURTESY OF JERRY COURTESY GEWIRTZ PHOTO ARCHIVES OF FLORIDA MIDDLE OF THE COURTESY DISTRICT PHOTO

(Left) Gibbons Federal Courthouse atrium. (Right) The vast ceremonial courtroom sits on the 17th floor of the Gibbons Federal Courthouse and is equipped with state-of-the-art technology.

United States. The Middle District of Flor- for a court proceeding or mediation autho- District of Florida answer a survey, submit ida, along with other courts throughout rized by the presiding judge to occur in the to appropriate screening and adhere to the the country, has entered a series of orders courthouse; and (8) first-floor cleaning of requirements of the order. to address these issues. One order that was the courthouse.66 entered on July 9, 2020, that specifically per- On September 14, 2020, the July 9, 2020 Conclusion tains to the Gibbons Federal Courthouse, order was superseded by a virtually iden- is historically significant for its breadth tical order, titled “IN RE: COURTHOUSE As the 21st century approached, the Tam- and depth in protecting health and safety HEALTH AND SAFETY,” Case No. pa Division of the Middle District of Flor- in the courthouse during the pandemic.65 8:20-mc-20-T-23 (Doc. 4), which contin- ida faced an aging and debilitating federal The July 9 order, titled “IN RE: COURT- ues the imposition of each of the above de- courthouse, and the need for substantial HOUSE HEALTH AND SAFETY,” Case No. scribed prophylactic measures at the Gib- additional space to accommodate the in- 8:20-mc-20-T-23 (Doc. 2), addresses the fol- bons Federal Courthouse; and, in addition, creasing number of civil and criminal cases lowing gamut of subjects: (1) face covering provides that “the Marshal must test by filed and the burgeoning civil and criminal for each person entering the courthouse; (2) no-contact means the temperature of each trials tried. The prospect of a new and much hand sanitizer and antibacterial wipes in the person entering the courthouse and must larger federal courthouse appeared to be courthouse; (3) limitation on the number of refuse entry into the courthouse by anyone the solution. The dedication of the Gibbons persons permitted on public elevators in the whose temperature exceeds 100.4° F.”67 Federal Courthouse aroused much opti- courthouse; (4) spacing requirements in the Finally, on December 22, 2020, an order mism and high expectations. Although the courthouse in accord with guidelines from was issued titled, "Restrictions on Court- new federal courthouse has provided much the Centers for Disease Control Prevention house Access due to COVID-19," Case No. needed relief in the form of substantial ad- (CDC); (5) cleaning protocol of courtrooms, 3:20-mc-23-J-32 (Doc. 1), which imposes ditional space and state-of-the-art technol- jury assembly room and any other place in coronavirus protocols for access to a Unit- ogy, the building has also generated a series the courthouse where jurors deliberate or ed States courthouse within the Middle of unexpected and frustrating challenges. otherwise assemble; (6) accommodation for District of Florida. The order was issued The Gibbons Federal Courthouse is still a vulnerable person to eliminate or reduce in accordance with the CDC guidance con- relatively young, and many chapters of the the need for a vulnerable person to appear cerning the ongoing COVID-19 pandemic history of the building remain to be writ- at the courthouse; (7) the suspension of a and requires that each person seeking entry ten. Despite the problems that have belea- public gathering in the courthouse except to a United States courthouse in the Middle guered the building since its completion,

26 11TH CIRCUIT HISTORICAL NEWS Gibbons Federal Courthouse, continued PHOTOS COURTESY OF U.S. BANKRUPTCY JUDGE CATHERINE PEEK MCEWEN JUDGE CATHERINE OF U.S. BANKRUPTCY COURTESY PHOTOS

These civic displays are a sampling of those that sit in the third floor lobby outside the jury assembly room.

and the additional challenges that may lie Jerry M. Gewirtz served ENDNOTES ahead as the Tampa Division continues to as a law clerk to Hon. Steven D. Merryday, U.S. 1. https://www.flmd.uscourts.gov/history-tampa- grow, this author is confident that the out- courthouse. standing judiciary in the Middle District District Judge of the Middle District of Florida, 2. Id. of Florida will continue to hurdle these from Oct. 2019 through obstacles successfully. Just as the Middle 3. United States Department of the Interior Na- Oct. 2020. Gewirtz tional Park Service, National Register of Historic District of Florida has risen to the occasion received his bachelor’s Places Inventory – Nomination Form for Federal to address the challenges of the COVID-19 degree, Phi Beta Kappa and Summa Properties, December 1973, nominating the pandemic, the judiciary in this district will Cum Laude, from Temple University and Classic Courthouse to be included in the Na- utilize its ingenuity, wisdom and fortitude his J.D. from Temple University School tional Register of Historic Places. On or about of Law, where he served as an editor of June 7, 1974, the nomination was approved, to combat any other problems that might and the Classic Courthouse was included in the the Law Review and a member of the arise at the Gibbons Federal Courthouse in National Register of Historic Places. Id. the future. We owe the U.S. District judg- Moot Court Board. Prior to his clerkship, Gewirtz concentrated his practice in 4. https://www.flmd.uscourts.gov/history-tampa- es, the U.S. Magistrate judges and the U.S. complex civil litigation at the trial courthouse. Bankruptcy judges in the Middle District and appellate levels. Gewirtz is an 5. The Classic Courthouse, located at 601 North of Florida a deep debt of gratitude for their emeritus member and a former chair Florida Avenue, Tampa, Florida, served as a leadership, dedication, vigilance, persever- of the Florida Board of Bar Examiners; courthouse for the Southern District of Florida until 1962 when the United States District a member and a former chair of the ance, patience and commitment to justice. Court for the Middle District of Florida As Sam M. Gibbons astutely observed at Federal Court Practice Committee was created. Beginning in 1962, the Classic the dedication of the new federal court- of The Florida Bar; a member of the Courthouse then served as a courthouse for house in Tampa, which bears his name, it Florida Supreme Court Committee on the Middle District of Florida. See United States is the outstanding work of the people inside Standard Jury Instructions in Contract Courthouse Building and Downtown Postal and Business Cases; and a member Station (Tampa, Florida), Wikipedia (2020). the building that really counts.  of the Board of Trustees of the Florida 6. https://www.flmd.uscourts.gov/history-tampa- Supreme Court Historical Society. courthouse. The author wishes to express his 7. Id. appreciation for the support of Judge Merryday and the court personnel in the 8. Senior United States District Judge William Middle District of Florida in the writing J. Castagna, Masters of their craft – then and now!, 11th Circuit Historical News, Volume XI, of this article.

WINTER 2020 27 Gibbons Federal Courthouse, continued

Number 2, Summer 2014, at 22. emony for the new United States Courthouse, under construction [is] at 611 North Florida at the corner of Polk Street and Florida Avenue, Avenue in Tampa, Florida,” the address of the 9. Senior United States District Judge William J. Tampa, Florida, on February 17, 1995, is includ- Gibbons Federal Courthouse is in fact located at Castagna, Masters of their craft – then and now!, ed as an exhibit to this article. 801 North Florida Avenue, Tampa, Florida. 11th Circuit Historical News, Volume XI, Num- ber 2, Summer 2014, at 22. The Classic Court- 14. At the dedication ceremony, Mayor Freed- 23. The written invitation of the Judges of the Unit- house was ultimately conveyed by the United man expressed her hope that the new federal ed States District Court for the Middle District States General Services Administration (GSA), courthouse would prompt new business to open of Florida to the Dedication Ceremony of the the government landlord, to the City of Tampa along the north end of the Franklin Street Mall. Gibbons Federal Courthouse, on December in September 2003. After substantial remedia- David Sommer, Ground broken for courthouse, 12, 1997, at 801 North Florida Avenue, Tampa, tion of the building by a developer, the facility The Tampa Tribune, February 18, 1995. Florida, is attached as an exhibit to this article. was transformed into a boutique hotel, now 15. At the dedication ceremony, Chief Judge Moore 24. Jacqueline Soteropoulos, The city dedicates the known as Le Meridien Tampa. The outside of observed that court officials had been seeking Sam M. Gibbons courthouse downtown, and the building has been preserved, and still looks a larger facility since 1989. David Sommer, officials swear in a new federal judge, The Tampa like the Classic Courthouse. The inside of the Ground broken for courthouse, The Tampa Tribune, December 13, 1997. hotel, although completely renovated, retains Tribune, February 18, 1995. original oak doors from when the building was 25. Id. 16. Congressman Gibbons observed at the erected. As the Honorable William J. Castagna, 26. Id. Senior United States District Judge, eloquently dedication ceremony that the immediate area states: “Then came Le Meridien – what a trans- surrounding the new federal courthouse is rich 27. Id. formation! It still looks like the Courthouse in Tampa history. Historic places surrounding 28. Id. outside, but the inside has been magically trans- the new federal courthouse include the Floridan formed. . . . ‘Spectacular’ is an understatement. Hotel, the S. H. Kress & Co. building, and the 29. Id. The entire building has been transformed into Woolworth building. David Sommer, Ground 30. Id. 120 private luxury rooms. A convenient ground broken for courthouse, The Tampa Tribune, floor entry welcomes the guests and the main February 18, 1995. 31. Id. floor provides a full restaurant and bar. A fully 17. David Sommer, Ground broken for courthouse, 32. Id. equipped workout center is available as is an The Tampa Tribune, February 18, 1995. attractive outdoor swimming pool. Nothing has 33. Robert C. Mueller, Remembering Our Oaths, been left to chance. Beautiful!” Senior United 18. David Sommer, Diggers find inhabitants lived in Federal Lawyer, Volume 45 (February 1998). States District Judge William J. Castagna, style, The Tampa Tribune, March 16, 1995. 34. Sam M. Gibbons, D-Day Story: Sam M. Gib- Masters of their craft – then and now!, 11th 19. David Sommer, Diggers find inhabitants lived in bons, Military.com. Circuit Historical News, Volume XI, Number 2, style, The Tampa Tribune, March 16, 1995. It is 35. https://en.wikipedia.org/wiki/Sam_Gibbons. Summer 2014, at 23. reported that the archaeologists were so inter- 10. Between June 30, 1980, and June 30, 1990, the ested in what they found that they kept digging 36. Editorial, Honoring estimable Sam Gibbons, The number of cases filed in the Middle District of at the site about a half-week longer than the 10 Tampa Tribune, December 12, 1997. Florida increased as follows: civil lawsuits grew days originally allotted. Id. 37. David Sommer, Ground broken for courthouse, by 17.41%, criminal cases rose by 104.50%, and 20. David Sommer, Diggers find inhabitants lived in The Tampa Tribune, February 18, 1995. the number of criminal defendants increased by style, The Tampa Tribune, March 16, 1995. 38. Larry Dougherty, The Stage Is Set For Justice/The 156.49%. During the same time period, the total Sam M. Gibbons U.S. District Courthouse, St. Pe- number of civil and criminal trials conducted in 21. David Sommer, Diggers find inhabitants lived in tersburg Times, October 5, 1998; Sarah Huntley, the Middle District of Florida rose by 21.12%. style, The Tampa Tribune, March 16, 1995. It is reported that the property owner of the adja- Saluting the past with the new courthouse, The 11. On October 6, 1992, Congress approved fund- cent home bought the Palmetto Hotel from its Tampa Tribune, October 27, 1998. ing for the construction of a new United States builder, Judge Nathan G. Buff from Terre Haute, 39. Larry Dougherty, The Stage Is Set For Justice/The Courthouse in Tampa, Florida, in the amount of Indiana. By 1889, however, the property owner Sam M. Gibbons U.S. District Courthouse, St. $8,948,000. H.R. 5488, 102nd Cong. (1992). and his wife defaulted on their mortgage and Petersburg Times, October 5, 1998. 12. On October 28, 1993, Congress approved bankers took control of the Palmetto Hotel. Id. 40. United States Department of Health and additional funding for the construction of a new A pen sketch of the Palmetto Hotel in Tampa, Human Services, Federal Occupational Health, United States Courthouse in Tampa, Florida, in Florida, reflecting a date of 1884, can be found Indoor Environmental Quality Report conducted the sum of $66,696,840. H.R. 2403, 103rd Cong. at www.floridamemory.com. for GSA Building Number FL0012ZZ Sam Gib- (1993). On July 22, 1995, Congress rescind- 22. The Act to designate the building as the Sam bons Federal Courthouse, October 12, 2011, at 3. ed the sum of $5,994,000 from the funding M. Gibbons United States Courthouse was ap- previously made available for the construction proved by Congress on October 2, 1996; and the 41. David Karp, Faded Grandeur Holds New Prom- of the new United States Courthouse in Tampa, Act became effective on Jan. 3, 1997. H.R. 3710, ise, St. Petersburg Times, September 25, 2003. Florida. H.R. 1944, 104th Cong. (1994). 104th Cong. (1996). Although the Act states in 42. Larry Dougherty, The Stage Is Set For Justice/The 13. An announcement of the groundbreaking cer- section 1 that “[t]he United States courthouse Sam M. Gibbons U.S. District Courthouse, St.

28 11TH CIRCUIT HISTORICAL NEWS Gibbons Federal Courthouse, continued

Petersburg Times, October 5, 1998. Chief Judge upper ledges of the Gibbons Federal Court- 59. Larry Dougherty, The Stage is set for Justice/The Elizabeth Kovachevich was quoted as saying: house was that when the vultures landed on Sam M. Gibbons U.S. District Courthouse, St. “What we have now is presently the state of the the courthouse that they would receive a mild Petersburg Times, October 5, 1998. art in the United States” and “We’re going to be electric shock and, hopefully, become trained 60. It is reported that the judges’ benches were ad- doing business differently now because of all to stay away from the building. Id. The cost for justed by raising them approximately six inches. this technology.” Id. laying the electric wires along the upper ledges Larry Dougherty, The Stage is set for Justice/The of the Gibbons Federal Courthouse was approx- 43. Jacqueline Soteropoulos, The city dedicates the Sam M. Gibbons U.S. District Courthouse, St. imately eighty thousand dollars. David Pedreira, Sam M. Gibbons courthouse downtown, and Petersburg Times, October 5, 1998. A Shock For The Flock/Courthouse tries buzzard officials swear in a new federal judge, The Tampa buzzer, St. Petersburg Times, July 6, 2006. 61. Judicial Conference of the United States, U.S. Tribune, December 13, 1997. It is reported that Courts Design Guide, at 4-4 (5th ed. 2007). In “[a]n additional $962,000 was spent to upgrade 52. William R. Levesque, Court needs costly fixes, St. the preface to the U.S. Courts Design Guide, the security features after the Oklahoma City Petersburg Times, January 24, 2011; Business Honorable John G. Roberts, Jr., Chief Justice of bombing.” Id. See also “Saluting the past with the Observer Staff, ‘New’ federal courthouse might the United States Supreme Court, states: “the new courthouse,” The Tampa Tribune, October not outlast neighbors, Business Observer, Febru- U.S. Courts Design Guide is intended for use by 27, 1998. ary 4, 2011; Shannon Colavecchio-Van Sickler, judges, architects, engineers, GSA personnel, Courthouse maintains costly ways, St. Petersburg 44. https://www.flmd.uscourts.gov/history-tampa- and court administrators who will be involved Times, April 4, 2006. courthouse. in federal court construction projects … The 53. William R. Levesque, Court needs costly fixes, St. Design Guide translates the requirements of the 45. David Sommer, Ground broken for courthouse, Petersburg Times, January 24, 2011; Business federal judiciary into criteria for the design and The Tampa Tribune, February 18, 1995. Observer Staff, ‘New’ federal courthouse might construction of court facilities.” Id. at preface, 46. David Pedreira, A Shock For The Flock/Court- not outlast neighbors, Business Observer, Febru- iii. house tries buzzard buzzer, St. Petersburg ary 4, 2011. 62. Paul Abercrombie, Floods, fires and other ills still Times, July 6, 2006. It is reported that the turkey 54. Paul Abercrombie, Bad vibes?, Tampa Bay plague courthouse, Tampa Bay Business Journal, vultures return to Hinckley, Ohio, every March Business Journal, June 8, 1998; Jacqueline Soter- November 9, 1998. where the locals celebrate the occasion with a opoulos, Waterlogged courthouse drying out, The pancake breakfast and a big festival. Feds attack 63. Id. Tampa Tribune, August 28, 1997; Jacqueline So- defenseless Tampa birds, The Tampa Tribune, teropoulos, Federal courthouse springs another 64. Larry Dougherty, The Stage is set for Justice/ January 24, 1999; Buzzard Bob looking for road leak, The Tampa Tribune, April 24, 1998. The Sam M. Gibbons U.S. District Courthouse, kill, The Tampa Tribune, November 1, 1999. It is St. Petersburg Times, October 5, 1998; Paul also reported that tourists visit Hinckley, Ohio 55. This information is reflected in a document Abercrombie, Bad vibes?, Tampa Bay Business in the spring to see the vultures. Id. titled “Gibbons Water Damage Meeting,” dated Journal, June 8, 1998. May 9, 2011, and in a document titled “Gibbons 47. David Pedreira, A Shock For The Flock/Court- Water Damage Follow-Up Meeting,” dated May 65. Case No. 8:20-mc-20-T-23 (Doc. 2, p. 1). house tries buzzard buzzer, St. Petersburg Times, 9, 2011. July 6, 2006. 66. Case No. 8:20-mc-20-T-23 (Doc. 2, p. 1-5). 56. (Bold in original.) The referenced cover sheet 48. Feds attack defenseless Tampa birds, The Tampa 67. Case No. 8:20-mc-20-T-23 (Doc. 4, p. 3). The is accompanied by approximately nine pages of Tribune, January 24, 1999; Buzzard Bob looking order further provides that it “remains in effect back-up information which addresses the fol- for road kill, The Tampa Tribune, November 1, for ninety days unless terminated earlier or lowing items: architectural building description, 1999. extended.” Id. at p. 6. the building condition, issues and complaints, 49. Feds attack defenseless Tampa birds, The Tampa review of complaints, samples and findings, Tribune, January 24, 1999; Buzzard Bob looking summary of interviews with building occupants for road kill, The Tampa Tribune, November and photographs of mold in a courtroom and in 1, 1999. Each of the boxes cost one thousand chambers at the Gibbons Federal Courthouse. dollars. Id. 57. United States Department of Health and 50. Feds attack defenseless Tampa birds, The Tampa Human Services, Federal Occupational Health, Tribune, January 24, 1999; Buzzard Bob looking Indoor Environmental Quality Report conduct- for road kill, The Tampa Tribune, November 1, ed for GSA Building Number FL0012ZZ Sam 1999. The screeching noise emitted from the Gibbons Federal Courthouse, October 12, 2011, boxes did not have much of an effect on the at 48. vultures. Id. 58. United States Department of Health and 51. David Pedreira, A Shock For The Flock/Court- Human Services, Federal Occupational Health, house tries buzzard buzzer, St. Petersburg Times, Indoor Environmental Quality Report conduct- July 6, 2006; Buzzard Bob looking for road kill, ed for GSA Building Number FL0012ZZ Sam The Tampa Tribune, November 1, 1999. The Gibbons Federal Courthouse, October 12, 2011, purpose behind laying electric wires on the at 51-52.

WINTER 2020 29 THE ELEVENTH CIRCUIT HISTORICAL SOCIETY

The Eleventh Circuit Historical Society is a private, nonprofit organization incor- porated in Georgia on Jan. 17, 1983. Although the Society has no legal connection with the U.S. Court of Appeals for the Eleventh Circuit or the federal government, its primary purpose is to keep a history of the courts of the Eleventh Circuit as institutions and of the judges who have served these courts. In this regard, the judges in the old Fifth Circuit from the states of Alabama, Florida and Georgia are included in the Society’s area of interest. In addition, the Society has a broader mission to foster public appreciation of the federal court system in the states encompassed by the Eleventh Circuit. The formation of the Society came shortly after the creation of the Circuit in 1981. This timing has allowed the writing of history as current history, not as re- search history. The Society is devoted to preserving our courts’ heritage through the collection of portraits, photographs, oral histories, documents, news articles, books, artifacts and personal memorabilia. The Society’s permanent office is in the Elbert Parr Tuttle U.S. Court of Appeals Building in Atlanta. Its Board of Trustees is composed of lawyers and legal schol- ars representing the historical interests of Alabama, Florida and Georgia. While the Society’s archival activities are partially funded by grants and other special gifts, it primarily depends on members for financial support. Take pride in knowing that, through your membership, you are helping to recapture memories of past events and thus supplementing historical knowledge that will enlighten and enrich present and future generations. In essence, the Society’s accomplish- ments belong to you.

ON THE WEB

Visit the 11th Circuit Historical Society’s website to view all issues of the Society’s newsletters: https://sites.google.com/site/circuit11history.

30 11TH CIRCUIT HISTORICAL NEWS