By Eleanor H. Sills
Judge Rachel Nordby’s journey to the bench is one filled with coincidences that one could only call fate—she is one of the only appellate judges in Florida to serve with the judge she clerked for after law school, and the seat she filled previously belonged to one of her greatest mentors. Judge Nordby is made for the bench: she is hard-working, intelligent, and thoughtful, even if she wouldn’t tell you that herself. Her passion for appellate practice shined through in our discussion. In October 2019, Governor DeSantis appointed her to the First District Court of Appeal where she gets to engage in her passion every day.
Like many judges, she did not know she wanted to be a lawyer, let alone a judge. A bookworm and animal lover growing up, she wanted to be a veterinarian or astronaut. The idea of being a lawyer was not even on her radar. Her plans changed at the University of Florida, where she majored in Classical Studies, thinking that she would be a high school Latin teacher. Then, after graduating, she worked in the university’s registrar’s office somewhat uncertain of what was next. All of that changed when she went on a trip with her husband, a third-year law student at the time, to Washington, D.C. While there, she heard Justice Antonin Scalia speak. His speech, as many were, was thought-provoking, challenging, and inspiring to Judge Nordby. Soon after, Judge Nordby knew that she wanted to go to law school and become a lawyer. Within weeks, she had registered for the LSAT and begun the application process at FSU Law.
Although Judge Nordby never thought about becoming a judge, one thing she did know after her first year of law school was that appellate practice was the area of law she was interested in. To further this, after graduating from Florida State University College of Law, she clerked for Judge Bradford L. Thomas. This experience only confirmed her passion for appellate practice. After her clerkship, she took a couple of years away from practice to have kids. She then returned to work at the Florida Solicitor General’s Office, where she filed her first brief and had her first oral argument in the court that she would eventually serve on. During her time there, she developed confidence in her research and writing skills. And she was fortunate enough to have an encouraging boss who gave her valuable input; her then-boss, now federal district Judge Allen Winsor, taught her how to be an advocate, practice appellate law, and approach cases.
While there are a lot of great things about her current position, one of her favorites is mentoring her law clerks. She has intentionally chosen to hire only term law clerks rather than career staff attorneys. This keeps the energy up in her chambers, and she says it is wonderful to see her clerks get excited about cases. Additionally, serving with Judge Thomas is very special to Judge Nordby, and their chambers are even across the hall from each other! She has learned so much from Judge Thomas as a clerk and a judge, and while they may not always agree on legal issues, they can always talk it out and learn from each other.
As for her writing style, her goal is “lucid brevity,” a term she first heard from Justice Charles Canady. She aims to be clear, succinct, and understandable to all, whether that is another judge, a party, a lawyer, or a layperson. When asked what advice she would give to an attorney trying to strengthen his or her legal writing skills, Judge Nordby said read legal writing produced by high-level advocates, like the briefs written by Solicitors General or other top-level attorneys. By doing this a writer sees the difference between law-school legal writing and attorney writing. This also exposes the writer to different advocacy styles and allows him or her to explore a variety of styles to emulate.
Outside of her career, Judge Nordby is a wife and a mom to three. She has been married to her husband for twenty-two years. Their relationship is special; they spent the first six years of marriage with one of them being a law student. From there, they have taken on each phase of life together, whether it was being young lawyers or parents. When talking about her husband, Judge Nordby lights up and says she would not change their journey and looks forward to many more years together.
Beyond her professional and family life, Judge Nordby loves to cook, lifts weights, “enjoys having run”—meaning, at the time, the running is not fun, but she’s happy to have done it once it’s over—and travels with her family whenever she can. When asked what her favorite thing to cook was, Judge Nordby immediately said anything complicated! Whether it’s baking or making a classic Thanksgiving meal, she loves the process. I’ve noticed that Judge Nordby sometimes carries around her Peloton water bottle, so I, of course, had to ask who her favorite Peloton instructor is. “Tunde!” she exclaims. Why? Because Tunde is motivational, radiates positive energy, and smiles through the hard stuff.
When asked about the traits she has found most important in her personal and professional success, Judge Nordby humbly credits her willingness to do the work and her patience for helping her advance in her career. She acknowledged that sometimes practice, like anything else, can be frustrating. But learning patience is important. She laughs and says she is always a work in progress.
Her advice to those interested in pursuing a spot on the bench is to do good work; it will get noticed, so don’t get too hung up on the next step and be prepared when opportunity arises. She says that there is no one path to the bench, and, in fact, that there is no “path” at all: there is no cut-and-dry way to get to the bench. For young lawyers looking to break into appellate practice, she encouraged looking for job opportunities that involve appellate work, especially if you are a government employee. For young lawyers in private practice, she encourages them to let their supervising attorneys know that they are interested in working on appeals. Whether you are in the public or private sector, she encourages all appellate-curious attorneys to get involved in the Appellate Practice Section and local Inns of Court.
Judge Nordby is a warm and relatable judge who brings a wealth of knowledge to the First District. Her parting advice was this: never underestimate the impact that lawyers and judges have when they are talking about the law to others; who knows what would have happened if Justice Scalia had not inspired a young Classical Studies major many years ago.
About the author: Eleanor H. Sills is an appellate attorney with Banker Lopez Gassler P.A. She also assists in the firm’s trial litigation support group. She previously clerked for the Honorable Ricky L. Polston of the Supreme Court of Florida and worked in the appellate division of the Agency for Health Care Administration. She is a member of the Appellate Court Rules Committee, the Florida Bar’s Appellate Practice Section, and a barrister in the First District Appellate American Inn of Court.
