Gerald Bard Tjoflat (born December 6, 1929) is an

American lawyer ''The American Lawyer'' is a monthly legal magazine and website published by ALM Media. The periodical and its parent company, ALM (then American Lawyer Media), were founded in 1979 by Steven Brill.Senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...

United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...

of the

United States Court of Appeals for the Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...

Education and career

Tjoflat was born in

Pittsburgh Pittsburgh ( ) is a city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, United States, and the county seat of Allegheny County, Pennsylvania, Allegheny County. It is the most populous city in both Allegheny County and Wester ...

Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...

. He served in the

United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...

from 1953 to 1955, attaining the

rank Rank is the relative position, value, worth, complexity, power, importance, authority, level, etc. of a person or object within a ranking, such as: Level or position in a hierarchical organization * Academic rank * Diplomatic rank * Hierarchy * H ...

corporal Corporal is a military rank in use in some form by many militaries and by some police forces or other uniformed organizations. The word is derived from the medieval Italian phrase ("head of a body"). The rank is usually the lowest ranking non ...

. Tjoflat earned his

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...

from

Duke University School of Law Duke University School of Law (Duke Law School or Duke Law) is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit th ...

in 1957. He was in

private practice Private practice may refer to: *Private sector practice **Practice of law In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiati ...

Jacksonville Jacksonville is a city located on the Atlantic coast of northeast Florida, the most populous city proper in the state and is the List of United States cities by area, largest city by area in the contiguous United States as of 2020. It is the co ...

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...

from 1957 to 1968 and served as a judge of the Fourth Judicial Circuit of Florida in Jacksonville from 1968 to 1970.

Federal judicial service

President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...

nominated Tjoflat to the

United States District Court for the Middle District of Florida The United States District Court for the Middle District of Florida (in case citations, M.D. Fla.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appea ...

on October 7, 1970, to a new seat created by 84 Stat. 294. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on October 13, 1970, he received his commission three days later. His service terminated on December 12, 1975, due to his elevation to the Fifth Circuit. President

Gerald Ford Gerald Rudolph Ford Jr. ( ; born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was an American politician who served as the 38th president of the United States from 1974 to 1977. He was the only president never to have been elected ...

nominated Tjoflat to the

United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...

on November 3, 1975, to a seat vacated by Judge

John Milton Bryan Simpson John Milton Bryan Simpson (May 30, 1903 – August 22, 1987) was a United States circuit judge of the United States Court of Appeals for the Fifth Circuit and the United States Court of Appeals for the Eleventh Circuit and previously was a United ...

. He was confirmed by the Senate on November 20, 1975, he received his commission the next day and began serving on the court on December 12, 1975. Tjoflat was reassigned by

operation of law The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies wi ...

to the

on October 1, 1981, when that court was established. He served as Chief Judge from 1989 to 1996. Following the failure of the Robert Bork nomination in 1987, Tjoflat was placed on the short list of possible nominees for the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

seat formerly occupied by

Lewis F. Powell Jr. Lewis Franklin Powell Jr. (September 19, 1907 – August 25, 1998) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1972 to 1987. Born in Suffolk, Virginia, he graduat ...

. Former Governor Claude R. Kirk Jr. pushed for Tjoflat to be nominated after Douglas H. Ginsburg withdrew, but although Florida Senators

Lawton Chiles Lawton Mainor Chiles Jr. (April 3, 1930 – December 12, 1998) was an American politician who served as the 41st governor of Florida from 1991 until his death in 1998. A member of the Democratic Party, he previously served as a United States ...

and

Bob Graham Daniel Robert "Bob" Graham (born November 9, 1936) is an American lawyer, author, and politician who served as the 38th governor of Florida from 1979 to 1987 and a United States senator from Florida from 1987 to 2005. He is a member of the Dem ...

both said Tjoflat was much more acceptable than Bork, it was always extremely uncertain whether

Northeastern The points of the compass are a set of horizontal, radially arrayed compass directions (or azimuths) used in navigation and cartography. A compass rose is primarily composed of four cardinal directions—north, east, south, and west—each se ...

Democrats would have found him acceptable, and consequently the seat went to

Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...

Retirement

During the second week of August 2019, Tjoflat informed President

Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...

that he will take

senior status Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...

contingent upon the confirmation and appointment of his successor. He was the last federal judge in active service to have been appointed to his position by President Ford, and as of 2023 remains the fourth-longest-serving federal judge measured by time in active service. On November 19, 2019, his successor,

Robert J. Luck Robert Joshua Luck (born March 17, 1979) is an American lawyer and jurist who serves as a United States circuit judge of the United States Court of Appeals for the Eleventh Circuit and was formerly a justice of the Florida Supreme Court. A Miam ...

, was confirmed and received his commission the same day. After his successor received his commission, he assumed senior status on the same day.

Memberships and honor

In 1995, the ''Duke Law Journal'' at the

published a tribute to Tjoflat that included articles by then-Chief Justice

William H. Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from 1 ...

, retired Justices Lewis F. Powell, Jr. and Byron R. White, and Judge

Edward R. Becker Edward Roy Becker (May 4, 1933 – May 19, 2006) was a United States federal judge, United States circuit judge of the United States Court of Appeals for the Third Circuit and a United States district judge of the United States District Court for ...

of the U.S. Court of Appeals for the Third Circuit, among others.

Notes

References

Sources

* {{DEFAULTSORT:Tjoflat, Gerald Bard 1929 births Living people 20th-century American judges 21st-century American judges Duke University School of Law alumni Judges of the United States Court of Appeals for the Eleventh Circuit Judges of the United States Court of Appeals for the Fifth Circuit Judges of the United States District Court for the Middle District of Florida Lawyers from Pittsburgh Florida state court judges United States court of appeals judges appointed by Gerald Ford United States district court judges appointed by Richard Nixon