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 few 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.

Randall T. Shepard,
Chief Justice of Indiana

Judicial Independence

“The greatest scourge an angry heaven ever inflicted upon an ungrateful and a sinning people, was an ignorant, a corrupt, or a dependent Judiciary.” - John Marshall

Judicial independence is the most prominent and contentious topic concerning today's bench. The debate is not new; it has endured since our country's birth, and has escalated to unprecedented levels in recent years. The Constitution established an independent judiciary for two reasons: to avoid inappropriate outside influence from within and without government, and to promote checks and balances between our branches of government. The ABA's comprehensive report addresses the current tensions surrounding judicial independence; presents federal and state issues; and recommends methods for maintaining independence as intended under the Constitution. Striking a balance between independence and accountability is vital to our democracy. We must work together to address popular dissatisfaction with the courts, to restore confidence in the bench, and to thereby preserve judicial independence. Please see, “An Independent Judiciary,” Report of the ABA Commission on Separation of Powers and Judicial Independence.

http://www.abanet.org/govaffairs/judiciary/report.html

Life in a Fishbowl…With Kids

Despite the increasing number of young judges with children at home, there are few resources for parenting in a public life situation. Children in judicial families reap extraordinary benefits: exposure to public service and social policy issues; access to influential individuals; and, usually, the development of excellent social skills. Though the benefits of being a judge's child may be numerous, the challenges of living in the public eye are unique. Do family members publicly discuss controversial topics and court cases? How does each family member maintain his or her individuality? What are the expectations of children during judicial and political campaigns? Every judicial family may answer these questions differently, but answer them they must. Keep your family thriving, despite the public's eye. Make your position as a judge one of the best aspects of your children's lives. Please see, “Parents Consider Children's Challenges in Public Life,” by the Judicial Family Institute.

http://jfi.ncsconline.org/childpub1.html

The Power of Speech

Tragically, since 1978, five federal judges or members of their families have been killed because the judges did their jobs. Criticism and violence against the judiciary are no longer aberrations. Helpful, constructive free speech regarding judicial decisions has been abandoned by many for destructive attacks against judges and the judicial branch. The American Judicature Society suggests that irresponsible rhetoric by elected public officials is a significant contributor to such attacks. As legal scholars, we are familiar with the power of rhetoric: it shapes ideas, defines expectations, and directs the future. It can strengthen our courts, or jeopardize their independence. Whether public officials or not, we must be cognizant of our speech regarding the bench; it is one of the few things we can control. The independence and integrity of our judiciary is at stake. Please see, “Listening to Judge Lefkow,” editorial by a standing committee of the American Judicature Society, June 2005.

http://www.ajs.org/ajs/ajs_editorial-template.asp?content_id=414

A Year at A Time

As we enter this second month of 2006, many of us are still wondering what happened to 2005. Too frequently, twelve months pass by and the most acknowledged change in our lives is noting the proper calendar year. A new year is an opportunity to examine who we are, what we value, and how we might live in harmony with our goals and desires. Author Ellen Ostrow offers a month-by-month guide for 2006. In addition to specific monthly goals, the guide encourages regular self-evaluations. Ostrow's approach has been successful in professional settings for years; personal lives merit at least the same effort. Otherwise, next year will be the same: we'll simply be trying to remember that it's 2007 rather than 2006, with nothing new to show for it. Please see, “The Lawyer's Life Coach Guide to New Year's Resolutions,” by Ellen Ostrow, Ph.D., Beyond the Billable Hour, January 2006.

http://www.lawyerslifecoach.com/newsletters/issue41.html

Protect Thyself

It isn't easy being a judge. Isolation, stress, and the adversarial process take their toll. Due to recent violence against judges, this is an especially challenging time for the bench. We must reassess what it means to be a judge in terms of security. Author Morgan Morrison discusses increased violence against legal professionals, and offers ways to protect yourself and your loved ones. From tips on security in the workplace to security at home and in public, Morrison shares practical advice that can make the difference between another crime and averting tragedy. You cannot perform your job effectively if you feel threatened or intimidated. Take charge of your safety. Please see, “Protect Yourself – Taking Charge of Your Personal Safety and Security,” by Morgan Morrison, Texas Bar Journal, October 2005.

http://www.texasbar.com/ T emplate.cfm?Section=Past_Issues&Template=/ ContentManagement /ContentDisplay.cfm&ContentID=13002

Age Gracefully

Aging. It happens to the best and healthiest among us. To do it well, we must be ready to adjust to the changes and challenges it will bring. As we age, our bodies slow down, chronic conditions often develop, and personal losses occur more frequently. Such changes take a major emotional and physical toll; at worst, and all too often, they may trigger unhealthy coping habits such as alcohol and prescription drug abuse, or severe depression. The good news is that we can help each other age gracefully and responsibly. Elder legal professionals often display specific warning signs of a problem, such as confusion and indecisiveness; poor hygiene; or missed deadlines and incomplete work projects. We need not fall victim to detrimental coping habits. Let's age well. Please see, “Growing Old is Not for the Fainthearted,” by Kenneth J. Hagreen and Cindy S. Reigle, The Colorado Lawyer, January 2005. To request a copy of this article, please contact Leona Martinez, Managing Editor, at leonamartinez@cobar.org or 1.303.824.5324.

http://www.cobar.org/tcl/index.cfm