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Tampa Division of the Middle District where you previously clerked . How did that feel ?
A : It truly felt like coming home . Ironically , I almost ended up in the exact same chambers that Judge Moody had when I was clerking . It certainly feels like I came full circle .
Q : Was it difficult at all making the transition from government and private practice to becoming a federal district court judge ?
A : I think it would have been more difficult had I never been a law clerk . You certainly take your advocate hat off when you are on the bench . But because I had watched judges from within chambers do that , it didn ’ t feel as jarring of a transition than it might otherwise have been .
Q : You once likened serving as a district court judge to “ playing speed chess .” Maybe you could elaborate on that .
A : I mean that the rulings , the legal conclusions , the decisions you have to make are the same ones that the court of appeals is going to have to rule on , but they usually have more in-depth briefing and time . In the trial court , you might not have briefing at all on a particular issue , as it might be something that came up at trial . And even if you do have briefing , the docket volume is so high that you have to quickly research , make the best decision , and move on . I think it ’ s a bit more challenging in that respect .
Q : Is there one judge who you have worked with or know about that you particularly admire and try to emulate in your own practice .
A : I pull from all the jurists for whom I clerked . In the district court capacity , I frequently ask myself , what would Judge Moody do in this situation . He ’ s very decisive and keeps things moving , which is an important aspect of being a district court judge — especially in the Middle District of Florida with the volume of cases that we have . But I draw from all the judges for whom I clerked . Justice Thomas would always say , “ Go to the front of the train ,” and by that , he meant you ’ ve got to ask the fundamental or first-principle questions that maybe the parties aren ’ t arguing .
Q : I ’ ve seen some comments you made that it ’ s important for judges to try to accurately say what the law is by reading the text as originally written and by considering how the law would have been understood by its audience at the time it was written . And you ’ ve suggested that lawyers practicing before you should try to adhere to those principles . Could you maybe provide a real-world example of how that might be applied in a lawyer ’ s day-to-day practice ?
A : In any civil case , especially if it ’ s an issue of first impression , such as a Florida law issue in a diversity action where there isn ’ t a settled answer , I ’ m looking for the parties to tell me what the Florida statute means . I ’ d like briefing on the statutory analysis of the actual text that the Florida legislature passed . That ’ s a real-world example that arises more frequently than I would have expected . My job is to figure out the meaning of the text that needs to be interpreted , whether it ’ s a statute , the Constitution , or a contract dispute . It also comes up in sentencing under the U . S . Sentencing Guidelines — how to interpret the Guidelines when there is no caselaw on point . I want to know what the words mean as used in that particular context . They ’ re not all high-profile cases , I suppose , but that ’ s how it might be employed on a day-to-day basis . Q : What do you like best about being a judge now ? A : I really enjoy figuring out the right legal answer . I ’ m not beholden to a client or any agenda . I simply seek to uncover the correct legal answer , and then I apply it to the case . I like that singularity of task . It is freeing .
Q : If you could offer one piece of advice or practice pointers for lawyers who appear before you , what would it be ?
A : Please come prepared , especially in civil cases . I ’ m not going to hold a hearing unless I really need it , and I ’ ll be prepared . If you cited a case for a certain proposition , and your argument hinges on it , I ’ m going to ask you about the case and your answer better be accurate . This is something I think all of my colleagues would say — especially in the written filings — be accurate , keep it short , and make your points clearly . “ I ’ m asking the court to do X because of Y ,” and then cite the case that supports that . It ’ s not helpful to me if I have to track down the correct governing law or I discover that a party ’ s representation about what was said in a deposition is not correct .
Q : The COVID-19 pandemic obviously impacted the court system and brought about a number of changes in terms of the way we practice law here and everywhere . Are there any changes that you ’ ve seen that you think actually are a positive benefit or outcome from the pandemic ?
A : I think there ’ s a lot of civil status conferences , Rule 16 , even pre-trial conferences that will now be telephonic or via Zoom . It helps save clients ’ money and counsels ’ time . I also foresee mediation occurring mostly by Zoom .
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