On behalf of the Judicial Division of the American Bar Association, I invite you to pause for a moment and enjoy the attached e-journal, Judicial Balance: Lessons for Law and Life . Developed by the Indiana Supreme Court for Indiana judges, this newsletter offers articles on achieving balance in and between the professional and the personal aspect of judicial life.

Our thanks to Chief Justice Randall Shepard and the judges of Indiana for providing such a thoughtful publication. I hope you enjoy it as much as I did.

Judge Jodi B. Levine
Chair, Judicial Division

I am pleased to welcome the members of the ABA Judicial Division to Judicial Balance: Lessons for Law and Life , an e-journal developed by the Indiana Supreme Court for Indiana judges. Judge Levine, our new Judicial Division chair, has been enthusiastic about sharing Judicial Balance with judges beyond Indiana and we are pleased and flattered by her support.

If there has been a tougher year to be a judge, it is difficult to recall. From confirmation battles that brutalize the reputation of judicial nominees to assaults on judges who heard the Schiavo case to murders of a judge and a judge's family, the environment in which we work has posed tough and personal questions for the American bench.

Our mission in this new publication is to provide judges with food for thought on navigating these waters, professionally and personally. Taking our cue from a model developed by Pepperdine University School of Law, every two months Judicial Balance will publish brief summaries of articles, books, or interviews about how to achieve a balanced life. Occasionally, we will also address ethical issues unique to judges and which call upon your personal discretion. Each synopsis will include a hyperlink or citation to the original work. We hope this newsletter is useful in developing your career while managing the challenges that accompany it.

We invite you to write our editor, Deidre Baxter Cheng, with your suggestions and comments about Judicial Balance . Her email is at the end of this newsletter. We particularly welcome your suggestions about issues helpful to managing your life and your career.

Enjoy ~

Randall T. Shepard
Chief Justice of Indiana

Ethics: The Real Thing

May a judge preside in a case on appeal after participating in the decision below? How about ruling in a case involving a company in which the judge holds stock? The Canons of Judicial Ethics address questions such as these, using the “appearance of impropriety” standard to create rules and precedents directing judges' behavior. But does the “appearance of impropriety” approach reach the heart of judicial ethics?

According to Judge Alex Kozinski, Ninth Circuit Court of Appeals, the canons miss the mark. Their focus on the appearance of propriety overlooks the most crucial ethical issues confronting judges – issues rarely seen outside a judge's chambers. Kozinski gives examples of real ethical issues – work allocation, signing off on another's work, bending the law too far – faced by judges daily. He calls on personal responsibility, conscience, impartiality, and diligence as the standards truly determinative of a judge's ethics. Please see “The Appearance of Propriety” by Alex Kozinski, Legal Affairs.com, January/February 2005 (adapted from Kozinski's article, The Real Issues of Judicial Ethics, 32 Hofstra L. Rev. 1095 (2004)). http://www.legalaffairs.org/issues/January-February-2005/argument_kozinski_janfeb05.msp.

Priorities In Line

As noted by author Sharon D. Nelson, if there were a panacea for the pace of modern life, we'd all partake of it. The legal profession tops the charts for speed and its consequences: we sustain higher rates of substance abuse than the general public, and are many times more likely to suffer from depression. Possibly our greatest challenge, then, is to maintain a reasonable pace in our professional and personal lives. How do we make it happen? Nelson, an experienced attorney, shares twelve hard-won lessons she's learned in managing her career with the rest of her life. She reminds us that we'll never do anything more important than caring for our family; she challenges us to “get unwired;” and she calls upon the virtue of gentleness and the act of forgiveness to enhance our lives. Give your priorities a once-over; see “Stop the World – I Want To Get Off! Practicing Law in the 21 st Century” by Sharon D. Nelson, The Nebraska Lawyer , March 2005. http://www.nebar.com/pdfs/nelawyer/2005/MARCH/0305d.pdf.

Solitary Confinement

Isolation may be the bulwark of the judiciary, but it shouldn't be the defining characteristic of a judge's life. Yet, “isolation” is the word used most often by judges to describe their lives. Too often, the judge, her colleagues, and her family suffer the consequences of the profession's solitude: a weakening of honest dialogue and feedback; a merging of the person with the image of the position; and overly deferential behavior from family and friends, to name a few. Isolation will never be removed from the judicial career – for many good reasons – but it doesn't have to define a judge's life. Drawing upon twenty years of research as a consultant and psychotherapist with the judiciary, Isaiah M. Zimmerman suggests ways to transform isolation into a fulfilling career and a healthy life. Moreover, Zimmerman notes characteristics of judges who appear not to suffer from the isolation inherent to their position. Please see “Isolation in the Judicial Career,” by Isaiah M. Zimmerman, Court Review, Winter 2000. http://aja.ncsc.dni.us/courtrv/cr36-4/36-4Zimmerman.pdf.

The Wisdom of Experience

Being new to the bench is overwhelming – new expectations, new accountability, new relationships. Yet, the voice of experience can be an oasis in times of change. Honorable Bernard Boland, Minnesota District Court Judge, offers ten pieces of advice to newly appointed judges. For those of you who are well seasoned on the bench, you may find his words insightful and encouraging. For new judges, his words can help you maintain rare perspective during a time of major transition. Among Judge Boland's suggestions are: remember that the case is not about you; never forget you're a lawyer and always remember you're not a lawyer; and, your job is not a popularity contest. Judge Boland elaborates on these adages and more. To be reminded of what your role on the bench is meant to be, see “A Judge's Soliloquy on Judging” by Honorable Bernard Boland, Bench & Bar of Minnesota, October 2002. http://www2.mnbar.org/benchandbar/2002/oct02/essay.htm.

Stay Strong: Judicial Independence

In our land of free speech and unlimited rights to personal beliefs, judicial independence is one of the most challenging issues facing a judge. It is perhaps the biggest adjustment that comes with the robe. Judicial independence requires judges to decide cases impartially, relying only on the facts and the law. Yet, pursuant to the First Amendment, a judge may proclaim his or her views regarding a disputed legal or political issue. See Republican Party of Minnesota v. White, 536 U.S. 765 (2002)(Ginsburg, J., dissenting). Chief Justice Shirley Abrahamson, of the Wisconsin State Supreme Court, challenges fellow judges to make judicial independence their focus and their public platform. Abrahamson discusses the threats to judicial independence, its relationship with accountability, and ways to protect it as a vital part of our judiciary – all while maintaining your First Amendment rights. Please see “Judicial Independence as a Campaign Platform,” by Shirley S. Abrahamson, Washington State Bar News, March 2005. http://www.wsba.org/media/publications/barnews/2005/mar-05-abrahamson.htm.

“Don't Get Mad, Get Glad”

Anybody can become angry; that is easy. But to be angry with the right person, to the right degree, at the right time, for the right purpose, and in the right way, is not within everybody's power. That is not easy. –Aristotle

With the stress and demands of a legal career, anger is frequently our first response to difficult situations – or worse, our modus operandi when life simply goes awry. But if anger controls our lives, discernment and reasoning cannot. The costs of anger are high: irreversible damage to personal and professional relationships; development of an overly reactive personality; and serious health problems, such as chronic anxiety, heart disease, and depression. Managing anger can transform your life, your career, and your most important relationships. Check out Steven Keeva's suggestions on how to let go of anger and regain control of your life: “Don't Get Mad, Get Glad,” by Steven Keeva, ABA Journal, May 2003. Linked with permission. http://www.transformingpractices.com/kc/kcpc8.html.