Welcome to Judicial Balance: Lessons for Law and Life. 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

A Little Respect

The judiciary is one of the most important institutions of our nation and one of the greatest protectors of our way of life. Regardless of political affiliation, the American public is unified in demanding fairness, independence, and accountability from the courts. This year, however, has witnessed perhaps the greatest level of criticism and attacks on the judiciary in our nation's history. Whether due to inflamed public sentiment or lack of information about the courts, the foundation of our judicial system is being shaken. Court Review notes that less than half of all Americans are aware that judges are bound by precedent; even fewer know whether their state judges are elected or appointed. To preserve the integrity and respect of the courts, the public's knowledge of the judiciary must change. To learn how such change can begin, please see “Speak to Values: How To Promote the Courts and Blunt Attacks on Judiciary,” by John Russonello, Court Review, Summer 2004.

http://aja.ncsc.dni.us/courtrv/cr41-2/CR41-2Russonello.pdf

Finding the Balance

The concept of a balanced life within the legal profession may sound absurd, if not delusional. Law demands as much time as one can possibly give. Yet, our health, our families, and even our professional success depend on us striving for some kind of balance. One way of getting there is by personal management: managing every element of your environment to maximize your health, your responsibilities, and your desires. A few rules to live by include leaving work at work; acknowledging your accomplishments; and being excited about your family's future. The Maryland Bar Bulletin suggests several ways to personally manage your life and career. And, although there is no such thing as perfect daily balance—some days require long hours, and other times are reserved for family—you can have a balanced life. Please see “Work v. Life: Give Me Just A Little More Time!” by Carol P. Waldhauser, Maryland Bar Bulletin, June 2004.

http://www.msba.org/departments/commpubl/publications/bar_bult/2004/june04/lapzone.htm

Living With A Judge: The Invisible Code

From the moment she is sworn into office, a judge is bound by the Code of Judicial Conduct. As a judge's spouse or family member, you are not subject to the Code; nonetheless, your life is very much regulated by your relationship to a member of the judiciary. How you make decisions, the way you view different activities, and the participation you request of the judge in your life—all are affected by your family member's new role. Rick L. Brunner, an attorney and husband to a judge, suggests three rules of thumb to guide judicial families. He provides excellent examples of common circumstances to which these rules apply. Brunner's scenarios are invaluable in preparing for ethical situations likely to confront a judge's family. Please see “Ethical Issues for Judge's Families,” by Rick L. Brunner, Ohio Judicial Family Network, December 2004.

http://www.sconet.state.oh.us/Court-Relations/OJFN/Brunnerarticle.asp

The Depths of Depression

Depression knows no gender, no race, and no age. And, unfortunately, being members of the legal profession places us at a statistically higher risk for suffering from depression than most of the population. We all know colleagues who struggle with this illness and, devastatingly, some who have succumbed to suicide. An anonymous author for The Mississippi Lawyer shares his descent into depression. His honest writing portrays the severity of his illness, his hard-won survival, and the invaluable lessons he learned on this difficult journey. He shares tips for recognizing depression and suggestions for working toward recovery. Education about depression and elimination of mental health stigmas must be priorities in our profession; your life or the life of a colleague may depend on it. Please see “Top Ten Tips for Surviving Depression,” Anonymous, The Mississippi Lawyer, April 2003.

http://www.msbar.org/ad m in/spotimages/154.pdf

The Power of TV

Television is one of the most powerful and pervasive influences in our society. TV court shows have existed for twenty years—from The People's Court in the 1980s to Judge Judy and Judge Joe Brown today—and have replaced soap operas as the top daytime viewing genre. Yet, what impact does court TV have on the judicial system? Law Professor Taunya Lovell Banks suggests that the impact is profound: viewers often presume to understand the legal system from watching TV; many pro se litigants decide how to proceed based on TV court shows; and, yes, litigants have been known to mention “The People's Court” during court proceedings. Banks especially emphasizes TV's inaccurate representation of women and minorities on the bench—there are far more of both on the TV bench than in our courtrooms. For a thought-provoking read, please see “Will the Real Judge Stand Up: Virtual Integration on TV Reality Court Shows?” by Taunya Lovell Banks, Picturing Justice: The Online Journal of Law and Popular Culture, originally posted January 2003.

http://www.usfca.edu/pj/real j udge_banks.htm

One Bad Apple…

Though the vast majority of judges, attorneys, and firms are conscientious professionals, a few bad apples have made our profession the most chided and ridiculed of all. A lack of professionalism within the law creates a poor legal environment and a poor perception of legal practitioners. The cost is high: unhappy judges and lawyers; disillusioned clients; and a loss of public trust. How do we change course? Author Ron Ward proclaims that the most important factor in fostering professionalism is a more assertive role by judges. His suggestions include adopting a zero-tolerance policy for professionalism breaches; confronting lawyers privately and in open court; making admonishments within written opinions; and reporting professionalism violations to disciplinary committees. Our profession exists to uphold integrity and honesty. Let us be known for those traits—we're worth it. Please see “Pit Bulls, Pikes, and Pitchforks: Rendering the Service of Practicing Professionalism,” by Ron Ward, Washington Bar News, February 2005.

http://www.wsba.org/media/publications/barnews/20 0 5/feb-05-pre s ident.htm