Judicial Profiles: Judge Timothy Osterhaus

Judicial Profiles Judge Timothy Osterhaus By Ellie Neiberger

Judge Timothy high school by joining the football international trade and on general Osterhaus is the team and kicking his team into the business law. newest addition state playoffs with a field goal on the Within months of the birth of their to Florida’s First final play of the regular season. After third child, Judge Osterhaus and his District Court of graduating from high school, Judge wife set their sights on returning to Appeal. As he Osterhaus attended King College, a Florida. He accepted a position with approaches his small liberal arts college in Bristol, the Florida Department of Education one-year anni- where he played on the soccer team. (“Department”). The new position versary on the He majored in psychology, believing required them to move to Tallahas- bench in May that he could best serve others as a see, which they found to be an ideal 2014, he remains clinical psychologist. He liked the idea place to raise children. (Today, they a humble public servant, who is, of helping people find solutions to have four children between seven and above all else, committed to a role of problems as a counselor. After taking eleven years old.) At the Department, judicial restraint. an introductory law course, he real- Judge Osterhaus continued his work Before Life in the Law ized that he was passionate about the in administrative litigation, worked on Judge Osterhaus spent most of law, and could better serve others as rulemaking and policy issues, and got his childhood in Miami. His father a legal counselor. an expanded taste of appellate work. was a school teacher (who later be- After receiving his bachelor’s de- When Attorney General Bill Mc- came a pastor) and his mother was a gree, Judge Osterhaus spent a year Collum took office in 2007, Judge registered nurse. The second of five traveling and doing volunteer work, Osterhaus joined the Solicitor Gen- children, he was raised in a house and then headed off to law school. eral’s Office, where, for six years, where serving others was a part of The Beginning of a Career in Le- he represented the state and state day-to-day life. gal Service agencies in appeals before state and Athletics was an important part of Judge Osterhaus earned his law federal courts, including the United his life from the beginning. He was a degree from the University of Vir- States Supreme Court. The Solicitor dedicated soccer player and, during ginia. He enjoyed law school, but General’s Office deepened his passion non-school hours, frequently could be did not know which field of law he for appellate practice. He enjoyed found practicing with his father. His wanted to pursue by the time he working on complex cases involving father was a former basketball and graduated. He accepted a position as a wide variety of substantive laws, tennis coach, and the two shared a a law clerk to United States District which required in depth legal analy- love for all things sports. When not Judge Kenneth Ryskamp in the West sis. As Deputy Solicitor General, and playing soccer, Judge Osterhaus often Palm Beach Division of the Southern later as Solicitor General appointed could be found playing outdoors in District of Florida. His decision to by Attorney General Pam Bondi, the groves and fields near his home clerk for Judge Ryskamp must have Judge Osterhaus worked on many in southwest Miami or visiting with been driven by fate, since it is where notable cases, including Florida’s his grandparents, who lived close by. he met his wife, Kristina, who was challenge with 25 other states to the When he was in eighth grade, his co-clerk. There, he saw the law 2010 federal Affordable Care Act. he and his family moved to North (which in law school always seemed Joining the First District Court Carolina, where he spent most of somewhat theoretical) come alive for of Appeal high school. Judge Osterhaus played the first time. In May 2013, Governor Rick Scott soccer, tennis, and basketball at After finishing his clerkship with appointed Judge Osterhaus to the First Charlotte Christian School (his jump- Judge Ryskamp, both Judge Oster- District Court of Appeal, where he shot “definitely not” portending that haus and his future wife moved to was reunited with Judge Scott Makar, of later CCS alum and NBA star Washington, D.C., where they had his former colleague at the Solicitor Stephen Curry). Before his senior accepted positions with private law General’s Office. He views his role as year of high school, Judge Osterhaus’ firms. For the next seven years, an appellate judge as a restrained one: family moved to Bristol, Tennessee. Judge Osterhaus’ practice focused on recognizing the parameters established He made friends quickly at his new administrative litigation involving by Constitutions, statutes, and prec-

8 Judicial Profiles edent, and allowing the law to decide advice he would offer to practitioners. ter understand what points you can the outcome of cases. He is cognizant First, he emphasized the importance concede, and, ultimately, present a each day that the judiciary serves a of clear and concise brief-writing. more effective oral argument. limited role in our system of govern- Briefs should tell a story that’s read- On behalf of all practicing attorneys ment. Indeed, when Governor Scott ap- ily accessible. Sentences that are in the state of Florida, we welcome pointed Judge Osterhaus, he remarked, complex and require several readings Judge Osterhaus to the First District “Through leadership and public service, are roadblocks in the way of your Court of Appeal. Tim has shown a commitment to justice legal points. Practitioners should and Florida families. He is a diligent strive to simplify; even a ten-year-old Elizabeth “Ellie” Neiberger is an as- and careful constitutional lawyer who should be able to understand your sociate with Bryant Olive and Miller respects the rule of law and the separa- basic argument. Second, always hold in Tallahassee, Florida. She primar- tion of powers.” moot court sessions to practice your ily practices in the firm’s Litigation, Based on his experience on the oral arguments. This will help you Bankruptcy and Creditor’s Rights bench so far, he graciously shared the prepare for difficult questions, bet- and Real Estate Practice Groups.

Judge Daniel Sleet Second District Court of Appeal By Raymond T. (Tom) Elligett Born and Sleet served as an assistant state at- Stetson University College of Law, raised in Char- torney in Hillsborough County, dur- where he has also served on the Trial lotte, as the ing which time he tried over fifty jury Advocacy Board. He has been active youngest of trials, and over 500 non-jury trials. in local public schools, including as seven children, From prosecuting, Judge Sleet a Justice Teaching volunteer. He is Dan Sleet knew joined what was then a four-person a master in the Herbert G. Goldburg he would need firm of Barr, Murman, Tonelli, Slother Criminal Law American Inn of Court. to find a way to & Sleet. The firm grew to twenty- Judge Sleet and his wife Helen, also fund his higher four lawyers when he applied and a lawyer, have two daughters. For education. Fur- was appointed to the circuit bench in non-legal activities, he enjoys travel- man University Hillsborough County in 2006 by then ing. He has visited Greece ten times, recruited him with a full football Governor Jeb Bush. and describes Santorini, Greece as scholarship to play defense, but While on the circuit bench, Judge when another player was injured, Sleet presided over 9,000 felony cases among the most beautiful spots he the coach converted the future judge and over 135 jury trials. In late 2011, has seen. to offensive guard. Judge Sleet was he moved to the family law bench, From our discussion for this article, recognized as an A.P. All American, until being appointed to the Second it is apparent the Judge Sleet ap- and twice named to the All Southern District late in 2012, as Governor proaches his new position with energy Conference First Team. Rick Scott’s first appellate appoint- and dedication (when we spoke, he After earning his BA degree in his- ment in this district. had already analyzed a United States tory, Judge Sleet attended Cumber- While on the circuit bench, Judge Supreme Court opinion issued the land School of Law, where he made Sleet read the parties’ motions in preceding day, down to the issues the Dean’s list, was a member of the advance and typically ruled at the it had addressed and had left unre- ATLA Mock Trial National Champi- hearing, rarely taking matters under solved). We are fortunate to have him onship Team, and a director of Trial advisement. On the appellate court, continue his service to the citizens of Advocacy. Under a special program he says he is learning something new Florida in his new role as a judge on in Alabama, he also worked for two every day, and is always cognizant the Second District. years as a Magistrate for the City that they must have at least two out of Birmingham, to help pay his way. of three judges agree before they can This article is reprinted with permis- The magistrate position helped issue an opinion. sion and originally appeared in the prepare him for his first job after Judge Sleet has taught trial ad- Hillsborough County Bar Association law school. From 1987 to 1991, Judge vocacy as an adjunct professor at Lawyers Magazine (May 2013)

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