Jim Moseley, a former president of The Jacksonville Bar Association, recently achieved 50 years as a member of The Florida Bar and The JBA. He reflected on his experiences practicing law and as a member of The JBA. He served as president 1975-76. This is the third of several installments of his reflections that will be published in the coming weeks.
The Courts
A. Federal Court
The federal courts were located in what is now considered the old building built in the 1930s. There were two courtrooms on the fifth floor and one that was added. At that time, the clerk’s office was also on the fifth floor. At one time (1930s and ‘40s) all of the federal offices were located in the courthouse until the new federal building was built on Bay Street. The federal judges were Judge Bryan Simpson, Judge William McRae and Judge George Young, who was also serving in Orlando but had an office here.
Once a new lawyer had passed the Florida Bar exam there was a federal bar exam that consisted of an open-book test and lectures by various court officials including the clerk, assistant U.S. Attorney and Marshal. After the all-day session (which everyone passed), the newly admitted lawyers were taken into Judge Simpson’s chambers and allowed to “volunteer” to accept pro bono criminal clients. I tried my first case in Jacksonville in federal court before Judge Simpson and miraculously got a judgment of acquittal for the defendant.
One activity in the federal court that was unique was the Monday afternoon hearings and oral argument. Judge McRae would schedule hearings from approximately 1 p.m. until the hearings were exhausted about 4:30 p.m. of every case on his docket that had a pending motion.
The courtroom would be filled with almost every trial lawyer or trial lawyer-to-be in town. Each case would be called, including discovery motions, motions to dismiss and motions for summary judgment for hearing. It was a time-consuming function; however, the benefits were far greater than any of us realized at the time.
First, everything that was occurring in your case was orally argued. Second, the judge learned early about all of the factors involved in the case, jury or non-jury. Third, with all of your friends and fellow members of the Bar present you wanted to make the most professional argument possible.
This system existed for probably close to 10 years. Among other things, it gave younger lawyers an opportunity to listen to very experienced lawyers craft very persuasive arguments. I remain most appreciative of the opportunity to hear excellent arguments by thoroughly prepared older lawyers on extremely complex cases and occasionally simpler cases. One unintended consequence was the trial bar got to know one another.
B. Circuit Court
During the early ‘60s, the circuit court was expanding with the addition of some excellent, experienced judiciary. Before the Florida Constitution was changed a few years later, the judiciary consisted of circuit judges, county judges’ court, a justice of the peace and a municipal judge. There was also the Civil Court of Record and the Criminal Court of Record.
There were numerous eminent domain cases that involved many lawyers. Roadway construction was everywhere and it was not unusual for there to be a score of lawyers seated in the judge’s chambers attending those hearings. The same benefits that came from the federal motion day practice would occur in the circuit court during these multiparty suits.
The judges with whom I had the most contact with were the Honorable Frank Elmore, Honorable Edwin Jones, Honorable McKinney J. Davis, and Honorable Charles R. Scott (who later was appointed United States District Judge).