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Download Magazine - Levin College of Law - University of Florida

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Judge Bruce Kasold (JD 79)<br />

U.S. Court <strong>of</strong> Appeals for Veterans Claims<br />

“Duty, honor, country”—it is the<br />

famous motto <strong>of</strong> the U.S. Military<br />

Academy at West Point. This motto still<br />

guides Judge Bruce Kasold <strong>of</strong> the U.S.<br />

Court <strong>of</strong> Appeals for Veterans Claims<br />

more than 30 years after his West Point<br />

graduation in 1973.<br />

“Judges have a duty to their country,”<br />

Kasold said. “A duty to apply the law.”<br />

Kasold was a public servant from the<br />

beginning and retired from the Army as<br />

a lieutenant colonel after more than 20<br />

years <strong>of</strong> service. Before the Army sent<br />

him to law school, Kasold was an air<br />

defense artillery <strong>of</strong>ficer. After graduating<br />

from UF <strong>Law</strong>, Kasold served in the<br />

JAG corps.<br />

In 1994, he joined Holland & Knight<br />

law firm and worked in commercial and<br />

government contracts litigation.<br />

A few years into private practice,<br />

Kasold again heard the call <strong>of</strong> public<br />

service, which led him to the position<br />

<strong>of</strong> chief counsel for the U.S. Senate<br />

Committee on Rules and Administration.<br />

In that position, during the 1990s,<br />

Kasold marshaled the Senateʼs largest<br />

series <strong>of</strong> campaign finance hearings in a<br />

decade and conducted an investigation<br />

into allegations <strong>of</strong> election fraud for a<br />

Senate seat. It was the first time since<br />

the 1950s the U.S. Senate conducted a<br />

full investigation into an election.<br />

“The election-fraud investigation<br />

created major turmoil in the Senate,”<br />

Kasold said. “But the chairman <strong>of</strong> the<br />

committee, Sen. John Warner, treated<br />

all cordially and fairly throughout the<br />

investigation, and I held frequent staff<br />

meetings to ensure all parties understood<br />

the scope, complications and progress<br />

<strong>of</strong> the investigation. After it was over,<br />

both sides were still talking to me<br />

because, I believe, people perceived<br />

my handling <strong>of</strong> the investigation as fair.<br />

Thatʼs when I began thinking about<br />

becoming a judge.”<br />

In 1998 Kasold became chief counsel<br />

for the secretary <strong>of</strong> the Senate and<br />

sergeant at arms. In that non-partisan<br />

position, he advised Senate leaders on<br />

general legal matters and political issues.<br />

He held that position until 2003, when<br />

President George W. Bush appointed him<br />

to the federal bench.<br />

In part, it was encouragement from<br />

Chesterfield Smith (JD 48) a few years<br />

earlier that compelled Kasold to take steps<br />

toward the judicial appointment process.<br />

Smith was overseeing the expansion <strong>of</strong><br />

the Washington, D.C., branch <strong>of</strong> Holland<br />

& Knight when Kasold was leaving<br />

service and seeking to join the firm.<br />

Smith conducted Kasoldʼs interview<br />

and became a friend and mentor, and<br />

eventually encouraged him to look<br />

toward the judiciary.<br />

Hearing roughly 3,000 cases each<br />

year, the Veterans Appeals Court is<br />

different from other U.S. appellate<br />

courts, in that most cases are decided<br />

by individual judges instead <strong>of</strong> panels.<br />

Individually, Kasold hears roughly 275<br />

cases annually.<br />

“I enjoy serving on this court,”<br />

Kasold said. “I appreciate our veterans.<br />

Our court provides the procedural due<br />

process they deserve.”<br />

Not having practiced in the area <strong>of</strong><br />

veteransʼ benefits before joining the<br />

court, Kasoldʼs adjustment to the bench<br />

involved a few months <strong>of</strong> intensely<br />

studying applicable law.<br />

“The APA doesnʼt apply, but the<br />

concepts are similar,” he said. “And<br />

lessons from my old Constitutional<br />

<strong>Law</strong> class at UF were also helpful—<br />

actually, those lessons have been helpful<br />

throughout my career.”<br />

Another adjustment involved the<br />

robe itself. “When I first sat down, it was<br />

tight around my back and body, causing<br />

me to rise and lift the robe,” Kasold said.<br />

“It was obvious from the bench and<br />

beyond, which compelled some laughter<br />

in the court.”<br />

Kasold finds nothing negative about<br />

being a judge. He enjoys preparing<br />

for cases and finds oral arguments<br />

stimulating.<br />

“Judges are very well prepared to hear<br />

oral argument, but each judge in a panel<br />

may view the issues from a different<br />

angle,” he said. “It is quite interesting to<br />

listen to the questions other judges have<br />

and the answers provided by counsel.”<br />

“In that non-partisan position, he<br />

advised Senate leaders on general<br />

legal matters and political issues.”<br />

Like many judges, one thing troubles<br />

Kasold: unprepared lawyers.<br />

“It happens more than you might<br />

think,” Kasold said. “Itʼs a waste <strong>of</strong> the<br />

courtʼs time. What do you do with a 1,000-<br />

page record that has no references, for<br />

example Whether your client is pro bono<br />

or paying a million dollars, a lawyerʼs<br />

service should be pr<strong>of</strong>essional. Period.”<br />

22 U F L A W

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