Most judges manage to perform our duties while portraying the image of judges that most Americans bring with them to the courtroom: the calm and wise person in a robe, sitting slightly above the crowd, maybe just a little gray, usually unflappable. In other moments, of course, we find ourselves thinking about the career choice we've made and about how being judges has affected us and our family. Our assessment of such issues is sometimes influenced by developments outside our immediate world, like national assaults on judicial decisions and on judicial nominees.

Judging being a somewhat isolating line of work, we normally discuss such matters only with the closest of friends. Judicial Balance: Lessons for Law and Life is designed to provide judges with food for thought about how to navigate these waters, professionally and personally. It's our plan to provide brief summaries of articles or news items or interviews that reflect on how to achieve a balanced life on the bench. Each synopsis will include a link or citation to help the reader find the way to the complete entry.

We have been gratified with the response to our first two issues. We're also very pleased that this effort is now being shared with several thousand judges, thanks to the assistance of the Judicial Division of the American Bar Association.

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

Courage on the Bench: Judging in Iraq

Once in a while, it is necessary to step out of our own world and into that of another. Our perspective and, perhaps most importantly, our gratitude invariably blossom. In Washington State's Bar News, Justice Robert Utter shares his experience helping Iraqi judges define their role in a newly democratic society. The challenges faced by these judges – daily threats; frequent, and often successful, assassination attempts; and constant public suspicion, to name a few – are unparalleled in most of the world. Yet, Iraqi judges share goals similar to their American counterparts: improved case management, continuing ethics education, and public education about the role of an independent judiciary in a democracy. Despite the serious challenges of being part of any country's judicial system, this article is a poignant reminder of the privilege of judging in the United States. Please see, “Iraqi Judicial Profiles in Courage,” by Justice Robert F. Utter, Bar News, November 2005.

http://www.wsba.org/media/publications/barnews/utter-nov05.htm

The Intersection of Faith and Law

Personal faith and the legal profession are not frequently mentioned together. Retired Justice Ernest W. Gibson shares his perspective on the power of faith – whether Muslim, Jewish, Christian, or another faith – to transform one's life and incite positive change in the world. Justice Gibson discusses the problems facing the legal profession: declining professionalism, growing incivility, and unhappy lawyers. He suggests that integrating personal faith with the practice of law – as he chose to do – may reduce or eliminate many of these problems. Most of all, he challenges those of us with a personal faith to rely upon it for our own benefit, as well as that of the legal profession as a whole. Faith can be a source of strength and peace that transforms our personal and professional lives and, in some way, changes the world. Please see, “Personal Faith and the Practice of Law,” by Hon. Ernest W. Gibson, III, Associate Justice (Ret.), Vermont Bar Journal, June 2002.

www.vtbar.org/ezstatic/data/vtbar/journal/june_2002/Gibson.pdf

The Tyranny of the Urgent

“I don't really feel like I'm working unless there's an urgent deadline.” Urgency is the norm in the legal profession. It elevates our adrenaline and creates a satisfying high when we reach our goals. Yet, if we believe ourselves at our best under pressure, urgency has taken a powerful and detrimental hold on our psyche. Constant urgency leads to chronic hyperarousal and stress-related illnesses; compromised effectiveness; damage to relationships; and loss of control in life. Author Ellen Ostrow suggests a process for managing and reducing urgency – starting with distinguishing between the important and the urgent. Urgency will not disappear, but it need not take over your life or your health. Please see, “It's Urgent! – The Dangers of Constant Urgency,” by Ellen Ostrow, Ph.D., founder LawyersLifeCoach.com.

http://www.lawyerslifecoach.com/articles/story_7.html

A Delicate Balance

The competition and pace of the legal profession render most of us dramatically unbalanced in our personal and professional lives. According to the American Bar Association, only one-fifth of lawyers are satisfied with the allocation of time between their work and personal life. The ABA / Young Lawyers Division has created a comprehensive guide addressing how to bring balance to your life. Relevant to 20-year veterans of the legal profession and novices alike, the guide encourages greater life balance rather than an unrealistic perfect balance. Topics addressed include personal and family relationships, efficiency at work, stress management, physical health, and substance abuse. Odds are, we can all improve in these areas. Please see, “Life in the Balance – Achieving Equilibrium in Professional and Personal Life,” by the ABA/Young Lawyers Division, 2002/2003.

http://www.abanet.org/yld/about/writtenguide.html

Therapeutic Jurisprudence ~ Law as a Healing Profession

Law is meant to be a healing profession. Yet, unrelenting criticism of our courts and the frequent disconnect between law and personal lives are evidence that we are not achieving this intended result. Therapeutic jurisprudence speaks to this concern. It is defined as a social science that studies how a legal rule or practice promotes the psychological and physical well-being of the people it affects; it is a method by which to analyze and implement the law. And, it reminds us that our actions as legal practitioners have a profound affect on our clients and our profession. Much has been said of therapeutic jurisprudence in recent years, and many resolutions made to follow its tenets. It's worth examining your bench to determine whether therapeutic jurisprudence should become a greater part of your professional approach. Please see “Therapeutic Jurisprudence,” by Judge William G. Schma, Michigan Bar Journal , January 2003.

http://www.michbar.org/journal/article.cfm?articleID=536&volumeID=40&viewType=archive

Words of the Wise

Often, the greatest wisdom comes not from studies or from those around us, but from those who have gone before us. This essay is from the late Justice Harry Blackmun's comments at a judicial conference in 1990. It is timeless and inspiring, especially in light of the challenges currently facing our profession. His words apply to each of us in law and, significantly, to each person we encounter outside our profession. As we come to the close of yet another year, it is imperative that we maintain perspective; that we persevere; that we make the most of our talent and our position. May Justice Blackmun's comments bring these things to you. Please see, “Reflections of Justice Blackmun,” by Hon. Harry Blackmun, Bench & Bar of Minnesota, 2001.

http://www2.mnbar.org/benchandbar/2001/aug01/essay.htm