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The Missouri Bar
P.O. Box 119
Jefferson City, MO 65102
Phone: 573/635-4128
Fax: 573/635-2811

GETTING TO KNOW

Administrative Law Judge John Ottenad

by Rebecca Wright

John Keith Ottenad was recently appointed to the position of Administrative Law Judge with the St. Louis Division of Workers' Compensation by Governor Blunt. The Judge graduated from law school in 1994 and began practicing in the workers' compensation field with the Missouri Attorney General's Office. He worked as an Assistant Attorney General defending the Second Injury Fund and the Central Accident Reporting Office for approximately four years. He then entered private practice and worked as a defense attorney with Liberty Mutual, Simon and Early, and Lemp and Anthony for a total of approximately seven years.

Upon entering Judge Ottenad's office one cannot help but notice the personal touchesthe world globe sitting on his desk, the statue of Abraham Lincoln, pictures of family, and the framed poster with the word "Leadership" in bold print. His office also displays his many achievements, which include his diplomas, bar licenses, and a certificate evidencing his induction into the Order of Barristers. Judge Ottenad was courteous enough to sit down with me and provide insight into his background and new life as an ALJ.

Where did you grow up and attend school?
I was born and raised in St. Louis, Missouri (South City). I attended St. Louis University High School in St. Louis, Missouri and then attended undergraduate school at Washington University in St. Louis where I obtained an A.B. cum laude in History and Political Science. I graduated in 1991 and immediately entered law school at Washington University and graduated in 1994.

What were your interests and favorite subjects in school?
My favorite classes in high school were English and History and I also participated in theater and the rifle club. In college, one of my favorite classes was a seminar on the history of the Vietnam Era. The class was taught by Senator Eagleton. There were only about ten students in the class and at the end of the course the Senator invited the class over to his home for dinner. The Senator's home was filled with pictures of himself with famous political figures, foreign dignitaries, and presidents. He also had copies of bills that had been signed into law along with the pen the President used to sign them. I was very impressed with his achievements.

What inspired you to become an attorney?
When I entered college, I had an interest in both medicine and the law. However, I found that my aptitudes were better suited for the legal profession. Also, I was fascinated by the history and theatrical component of the law.

What internships did you have during law school?
I worked for the St. Louis County Prosecutors' Office for one year and worked a semester at the U.S. Attorney's Office in their criminal division. While with the Prosecutor's Office, I was Rule 13 Certified so I appeared in court and handled various traffic violations. I also second chaired a felony trial for burglary. At the U.S. Attorney's Office, I wrote an appellate brief on a bank fraud case and was fortunate enough to observe the oral arguments at the 8th U.S. Circuit Court of Appeals. Interestingly enough, the U.S. Attorney's Office was also prosecuting Forrest Elliot, a former Second Injury Fund attorney, while I was doing my internship. I was fortunate enough to sit in and observe the proceedings, never thinking I would end up practicing in the same area of the law.

What were your career aspirations following law school?
I thought I would be a prosecuting attorney as I always enjoyed criminal law. After taking the bar exam, I was offered a position at the Missouri Attorney General's Office in their Labor Division which is where I began practicing workers' compensation law.

How would you describe yourself?
I would hope that people see me as competent, fair-minded, and courteous.

What activities do you engage in outside of work?
I am on the National Board of Alpha Phi Omega Service Fraternity and I oversee a region that covers eight states. The organization is involved in community service
specifically providing service to the schools where the Chapters are located, as well as helping out in the community with a wide variety of projects including Habitat for Humanity, Special Olympics, and work at nursing homes and various hospitals.

I am also involved with the Greater St. Louis Area Council of the Boy Scouts of America as a volunteer leader. I became involved with this organization when I was younger and eventually I became an Eagle Scout. Among other things that I do for the Scouts, I volunteer as a staff member for a week long leadership camp, where we teach young men the basics of leadership including planning, public speaking, organization, and running meetings. I also belong to BAMSL, the Missouri Bar Association, and the Illinois Bar Association.

What are you your hobbies?
I enjoy camping with the scouts. I recently chaired the Special Needs Camping Committee, which organizes and provides outdoor experiences for individuals with physical and mental disabilities. These activities include camping trips and horseback riding. I also enjoy going to the theater at the Fox.

What authors or type of book do you enjoy reading?
I enjoy reading John Grisham novels and recently I read The Da Vinci Code. I am looking forward to seeing this movie, as it looks very entertaining.

Why were you interested in becoming an Administrative Law Judge?
I felt that becoming an Administrative Law Judge would provide me the opportunity to tackle issues in a different way. It seems as if there are always new issues being raised in workers' compensation, and this position would allow me to see a broader array of issues than I would otherwise see in private practice. I also enjoy public service and felt that this position would allow me to return to this interest. Finally, it was an exciting proposition to me to be in the group of Judges that will be interpreting and applying the new law. I feel very lucky to have this opportunity to serve as an ALJ.

What challenges have you experienced as an ALJ?
Initially, the biggest challenge was adjusting to being on the other side of the bench
specifically not acting as an advocate, but rather being impartial. It is somewhat challenging to have to step back out of that role of advocate and instead try to impartially apply the law.

What would you do if you were not an attorney?
I would probably teach high school history.

Do you have any advice for attorneys that practice in this area of the law?
I think the most important thing is to be prepared and know your case when you show up to a setting. That was something I learned from my supervisor at my first job, and it has always stuck with me. If you do your homework and know what issues are present in your case, and research those issues before appearing in court, you will probably be more convincing than an unprepared attorney. Being prepared is also a reflection of the attorney's credibility and this can impact the attorney's reputation. That was something else that I learned early on in my career. I think it is summarized best by what a senior attorney once told me that has always stuck with me; "Your reputation is the most important and valuable thing that you have and once it is damaged, it is very difficult to repair."

What are your personal goals as an ALJ?
I want to handle cases and dockets as efficiently as possible while treating people who appear on my dockets with courtesy and respect. I also want to remain as up-to-date as possible on the statute and case law so that my awards and recommendations are correct and based on sound legal reasoning.