Previously, for the Woman Advocate newsletter, we interviewed women appellate judges about their paths to the bench. Now, for the Appellate Practice newsletter, we once again reached out to state and federal appellate judges across the country to get their insights into effective briefing and oral argument as well as advice for those considering a path to the bench. Here are their answers.
Frank Hull, Senior Judge, U.S. Court of Appeals for the Eleventh Circuit
What was your path to the bench?
There is no one way, or even primary path, to the appellate bench. The journey is short for some, long for others; simple for some, complex for others. While some early on in their career have a purposeful goal to be an appellate judge, for me it was being in the right place at the right time with the right professional experience. While the process always varies, there were some key ingredients for me.
For starters, in 1973–1974, I was among the first few women to clerk on the U.S. Court of Appeals for the Fifth Circuit. I was privileged to serve as a law clerk to the Honorable Elbert P. Tuttle on the Fifth Circuit. My first job clerking for a federal appellate judge gave me keen insight into the diverse legal work of an appellate judge. My law professors at Emory Law School instilled in me a passion for the law—not just one subject, but everything from criminal law to civil procedure, to torts and property, and even tax and domestic relations. If you like only a narrow area of the law, appellate judging may not be for you.
After my clerkship, in 1974, I joined the Atlanta law firm of Powell, Goldstein, Frazer & Murphy, which had 150 male attorneys. In 1980, I became the first female partner in that law firm. For 10 years as a trial attorney, I handled a broad range of cases in federal and state courts. While a significant portion of my practice involved commercial, insurance, and construction contract cases, the fact that I also had extensive experience in so many other types of civil cases made my legal background stand out when considered for a judicial appointment.
In 1984, I was happy with my law firm and law practice, but I had two children, ages five and two, and was traveling constantly for depositions, meetings, and cases outside Georgia. There were no cell phones, computers, or videoconferencing. I wanted to continue to work full-time but not travel so much for a while. A judicial appointment would give me valuable jury trial experience without the travel. It was not meant to be a judicial career but an interlude of public service until my children were in middle school. Then I would return to the law firm which had trained and helped me so much.
That year, Governor Joe Frank Harris of Georgia appointed me as a state trial judge in Atlanta on a court that handled only misdemeanors and certain types of civil cases. Somewhat to my surprise, I loved each and every day. I was reelected by the voters as a state trial judge in 1986 and 1990, and then in 1990 Governor Harris appointed me to the state trial court that handled felonies, all civil cases, and domestic relations lawsuits. I was reelected to that court in 1992. Since my trial-lawyer practice was civil cases, it helped to start trying criminal cases that were one- or two-day misdemeanor trials. I encourage lawyers to be willing to start on the lowest-level state or municipal court as those courts often impact more lives than other courts do.
After my 10 years on the state trial bench, in 1994 U.S. Senator Sam Nunn of Georgia recommended me as a federal district court judge on the U.S. District Court for the Northern District of Georgia. President Clinton nominated me on February 9, 1994, followed by confirmation 86 days later by the U.S. Senate on May 6, 1994. From 1994 to 1997, I served as a district court judge in Atlanta on a court with heavy civil and criminal caseloads.
In retrospect, my 10 years as a trial lawyer and 14 years as a trial judge paved my path to the appellate bench. Notably, I did not do those things with the intent to end up as an appellate judge, but they ultimately led to my destination on the appellate bench. While there are many routes to the appellate bench, mine was largely having a wealth of experience as a trial lawyer and a trial judge on both the state and federal levels.
Another key ingredient, though, was having the support of individual mentors and several bar association groups at each step of the way. A clerkship with a judge yields not only meaningful work but also, usually, a lifelong mentor. Judge Tuttle, for whom I clerked, as well as Judge Griffin B. Bell, who also served on the Fifth Circuit during my 1974 clerkship, were always willing to take time (1) to counsel me regarding career moves and (2) to be references for me for Governor Harris and later President Clinton. The staff of the appointing official will often make direct contact with such references. During my three elections on state court, my former partners at Powell Goldstein, especially John T. Marshall, David S. Baker, and Karen Wildau, helped organize and fundraise for my campaign, as judges cannot do that. Fortunately, in Georgia judicial elections are on a nonpartisan ballot. All three times I qualified with the Georgia secretary of state on the first day and never had opposition. Getting ready to run—and dissuading any challengers—is as vital as running.
While a trial attorney, I was active in several different bar associations, especially the Younger Lawyers Section of the Atlanta Bar Association, the Georgia Association of Women Lawyers, and the American Bar Association. Originally, I joined to meet other lawyers outside my law firm and to support my beloved profession. I was not contemplating the bench way back then. Yet it turned out that being well-known by other lawyers and having leadership positions in bar associations ended up being critical to all of my judicial appointments. I highly encourage young lawyers to get involved with your local bar associations from the outset of your practice no matter what your career goals.
Community service is also important. As a 1987 graduate of Leadership Atlanta, I was able to meet other executives outside the legal profession. And I previously served on the State of Georgia Commission on Family Violence; on the State of Georgia Commission on Gender Bias in the Judicial System; on the National Board of Directors of the American Judicature Society; and on numerous committees of the Atlanta Bar, Georgia Bar, and American Bar Associations. From 2000 to 2002, I was a Rosalynn Carter Fellow in Public Policy at Emory University’s Institute for Women’s Studies. I was an active member of the Cathedral of St. Philip Episcopal Church and a longtime member of the Women’s Community Bible Study, a women’s interdenominational Bible study in Atlanta. Each aspect of my life shaped the path to the appellate bench.
Timing is critical too. Most judges obtain their judicial position because a vacancy occurs on a particular court due to retirement, resignation, or a judge taking senior status on a federal court. You cannot pick your time and place. After 10 years on the state trial bench, I was thoroughly enjoying my work as a federal district court judge. I had been there only three years when, in Georgia, Judge Phyllis A. Kravitch, at age 76, decided to take senior status, creating a vacancy on the U.S. Court of Appeals for the Eleventh Circuit.
Historically, the Fifth Circuit, where I clerked, was the federal appellate court for six states: Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. In 1981, Congress created the Eleventh Circuit, covering Georgia, Florida, and Alabama; and the Fifth Circuit retained Mississippi, Louisiana, and Texas. In the Eleventh Circuit, each state has judgeships roughly commensurate with its population. Generally, three judges are from Alabama, four are from Georgia, and five are from Florida. When Judge Kravitch of Georgia took senior status, the other three Eleventh Circuit judges from Georgia were relatively young, and I knew this would probably be the only vacancy during my window of opportunity.
Even though I was happy on the federal district court and was not interested in undergoing yet another confirmation process so soon, I knew this was likely to be my one chance. So I thought, “Why not now?” But first I wanted to check with my district court colleague, Judge Orinda D. Evans, in Atlanta, to see if she was interested in the seat. If she was, I was going to stay out of the process as Orie had served on the district court for 18 years by then, and she was more qualified. We were friends, so I asked her intentions. Judge Evans immediately and adamantly said she was a trial judge and had no interest in going to the appellate bench. Orie’s response sealed my decision. I would not have been an appellate judge if Orie had been interested. On June 18, 1997, President Clinton nominated me, and I was confirmed 75 days later on September 4, 1997. Being “confirmable,” without the delay that often occurs, helped me in the White House–vetting process.
I am often asked whether I prefer the appellate bench or the trial bench. My reply is always that they are very different jobs but both are great work, challenging and fulfilling. My firm belief is every judicial position is a tremendous honor and privilege and provides meaningful, important work to our country.
What advice would you give to a woman lawyer interested in joining the appellate bench?
Never give up. Never give up.
After years on the state trial bench, I twice was on the short list of five judges interviewed by Governor Zell Miller, a Georgia Democrat, who appointed the first two women to the Georgia Supreme Court, both in 1992. I was not selected but was very pleased two good friends, also on the state trial bench, were: Justice Leah Ward Sears and Justice Carol Hunstein. Over time, both women became chief justices of the Georgia Supreme Court. Little did I know at the time that I would be appointed to the Eleventh Circuit Court of Appeals in 1997.
Never give up.