Gerald Tjoflat | |
|---|---|
| Portrait of Tjoflat at the Elbert P. Tuttle United States Court of Appeals Building in Atlanta, GA | |
| Senior Judge of the United States Court of Appeals for the Eleventh Circuit | |
| Assumed office November 19, 2019 | |
| Chief Judge of the United States Court of Appeals for the Eleventh Circuit | |
| In office October 1,1989 –September 20,1996 | |
| Preceded by | Paul Hitch Roney |
| Succeeded by | Joseph W. Hatchett |
| Judge of the United States Court of Appeals for the Eleventh Circuit | |
| In office October 1,1981 –November 19,2019 | |
| Appointed by | Operation of law |
| Preceded by | Seat established |
| Succeeded by | Robert J. Luck |
| Judge of the United States Court of Appeals for the Fifth Circuit | |
| In office November 21,1975 –October 1,1981 | |
| Appointed by | Gerald Ford |
| Preceded by | John Milton Bryan Simpson |
| Succeeded by | Seat abolished |
| Judge of the United States District Court for the Middle District of Florida | |
| In office October 16,1970 –December 12,1975 | |
| Appointed by | Richard Nixon |
| Preceded by | Seat established |
| Succeeded by | Howell W. Melton |
| Personal details | |
| Born | Gerald Bard Tjoflat December 6,1929 Pittsburgh,Pennsylvania,U.S. |
| Education | University of Virginia University of Cincinnati (BA) Duke University (LLB) |
Gerald Bard Tjoflat (born December 6,1929) is an American lawyer and jurist serving as a Senior United States circuit judge of the U.S. Court of Appeals for the Eleventh Circuit. [1] He was appointed in 1975 by President Gerald Ford. He previously served as a U.S. district judge on the U.S. District Court for the Middle District of Florida from 1970 to 1975 and as a state court judge on the Fourth Judicial Circuit of Florida from 1968 to 1970.
Tjoflat was born in 1929 in Pittsburgh,Pennsylvania. In his youth,Tjoflat was a skilled baseball pitcher and received an offer to work out with the Cincinnati Reds before college. [2] He then attended the University of Virginia on a baseball scholarship. After two years,financial constraints forced him to transfer to the University of Cincinnati,where he completed his undergraduate degree. Tjoflat then enrolled in the University of Cincinnati College of Law,but he was drafted into the U.S. Army at the end of his first semester to serve in the Korean War. He served in the Counterintelligence Corps until 1955,attaining the rank of corporal. After leaving the Army,Tjoflat returned to Cincinnati and completed his first year of law school. He then transferred to the Duke University School of Law,graduating in 1957 with a Bachelor of Laws. [3]
Tjoflat was in private practice in Jacksonville,Florida from 1957 to 1968 and served as a judge of the Fourth Judicial Circuit of Florida in Jacksonville from 1968 to 1970. [4]
President Richard Nixon nominated Tjoflat to the United States District Court for the Middle District of Florida on October 7,1970,to a new seat created by 84 Stat. 294. He was confirmed by the United States Senate on October 13,1970 and received his commission three days later. His service terminated on December 12,1975,due to his elevation to the Fifth Circuit.
President Gerald Ford nominated Tjoflat to the United States Court of Appeals for the Fifth Circuit on November 3,1975,to a seat vacated by Judge John Milton Bryan Simpson. He was confirmed by the Senate on November 20,1975,received his commission the next day,and began serving on the court on December 12,1975. [4] Tjoflat was reassigned by operation of law to the United States Court of Appeals for the Eleventh Circuit on October 1,1981,when that court was established.
Tjoflat served as Chief Judge of the Eleventh Circuit from 1989 to 1996. [4] Shortly after Tjoflat assumed the role of Chief Judge,Eleventh Circuit Judge Robert Smith Vance was murdered when a pipe bomb was mailed to his house. [5] Tjoflat helped to organize the investigation with then Deputy Attorney General Robert Mueller. [5] Walter Moody was ultimately convicted for the crime,which was motivated by the Eleventh Circuit's refusal to expunge an earlier conviction. [5]
On November 19,2019,Tjoflat assumed senior status. His successor,Robert J. Luck,was confirmed and received his commission the same day. Tjoflat was the last federal judge in active service appointed by President Ford, [a] and the last federal judge in active service appointed to the bench by President Nixon. [b] Measured by time in active service,Tjoflat remains as of 2025 the fourth-longest-serving federal judge. [c] Tjoflat continues to regularly sit on cases and author opinions. [6]
Following the failure of the Robert Bork nomination in 1987,Tjoflat was placed on the short list of possible nominees for the Supreme Court seat formerly occupied by Lewis F. Powell Jr. [7] Florida Governor Claude R. Kirk Jr. pushed for Tjoflat to be nominated after Douglas H. Ginsburg withdrew. [8] Though Florida Senators Lawton Chiles and Bob Graham both considered Tjoflat more viable than Bork, [9] it was uncertain whether Northeastern Democrats would have found him acceptable. [10] The seat consequently went to Anthony Kennedy.
While on the District Court,Tjoflat decided Mims v. Duval County School Board,which ordered the immediate desegregation of the Duval County Public Schools. [2] In the wake of Mims,Tjoflat and his family received death threats,and there were calls for his impeachment. [2]
In Hishon v. King &Spalding, Tjoflat dissented,arguing that Title VII of the Civil Rights Act of 1964 applied to a law firm's decision to admit a person to a partnership. The Supreme Court agreed with Tjoflat and reversed the panel's majority. [2]
Tjoflat served on the Eleventh Circuit panel that decided Moody v. NetChoice,LLC. There,the court upheld an injunction against a Florida law that sought to limit social media companies' ability to moderate user content. It held that the law would "chill platforms' protected speech" under the First Amendment. [11] The Supreme Court remanded the case for further analysis on the remedy. [12]
Tjoflat has had over 200 law clerks during his tenure on the federal bench. [2]
In 1995,the Duke Law Journal published a tribute to Tjoflat that included articles by then-Chief Justice William H. Rehnquist,retired Justices Lewis F. Powell,Jr. and Byron R. White,and Judge Edward R. Becker of the U.S. Court of Appeals for the Third Circuit,among others. [13] Justice White also presented Tjoflat with the Fordham-Stein prize the following year. [2]
In 2022,the appellate court room at the Bryan Simpson United States Courthouse was named in Tjoflat's honor. [14] Tjoflat is a member of the Duke Law School Board of Visitors.
Tjoflat met his first wife,Sarah,while attending Duke Law School. [2] He has two children. After Sarah's passing,Tjoflat married his second wife,Marcia Tjoflat. [2] His father,an electrical engineer,was of Norwegian ancestry,and his mother was an immigrant from Chile. [3] His Chilean ancestry makes Tjoflat the first Hispanic circuit judge in the United States. [3]
His reputation for asking difficult questions during oral argument led Tjoflat to receive the moniker "Tjoflatosaurus Rex." [2]