It is a part of the “code of the hills” among judges that we perform in the courtroom as the calm and wise person in a robe, sitting slightly above the crowd, maybe just a little gray, usually unflappable. In our own private moments, of course, we sometimes ponder the career choice we've made and think 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.
Of course, these are the sort of matters we discuss, if we do so at all, only with the closest of friends. Judicial Balance: Lessons for Law and Life seeks 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 work towards 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, the Brennan Center , and the National Association of Women Judges.
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
Bench Behavior
It's still a hot topic: judicial behavior and its relationship to public confidence in the courts. The Oklahoma Bar Journal examines how judicial behavior affects the image of the bench, and how the affect is not always positive. Public comment by judges off the bench and demeanor on the bench shape the public's perception of our courts. What is required of judges where issues of partiality, public comment, incivility, and disqualification arise? Like it or not, you're under a microscope. This article is a powerful reminder of judicial standards of conduct and why such standards are crucial. Please see, “Partiality, Public Comment, Incivility and Disqualification: Protecting Due Process in the Wake of a Changing Judiciary,” by Sharisse O'Carroll, Oklahoma Bar Journal, December 2005.
http://www.okbar.org/obj/articles_05/121005.htm
“Courting the Virtual”
What if you didn't have to leave chambers to go to the courtroom? What if a keystroke opened proceedings? Such could be the courthouse of the future. According to writer Gordon Bermant, the virtual courthouse is inevitable. The judicial system already depends on the virtual for efficiency and effectiveness, and the “real” and the “virtual” continue to merge daily. The idea of a virtual courthouse raises some intriguing questions. What is the relationship between physical locations and the activities that they host? Could there be respect for a court and a bench whose members have indeterminate relationships with the parties “before” them? Bermant examines these issues, and many others, as he explores the virtual courthouse. The past century witnessed incredible change in the workings of our legal system; the future promises equal transformation. Please see, “Courting the Virtual: Federal Courts in an Age of Complete Inter-Connectedness,” by Gordon Bermant, Judgelink, 1999.
ttp://a2j.kentlaw.edu/Insights/1999/Courting/index.html
He Who Has Gone Before
Upon his passing, Chief Justice William Rehnquist left behind 33 years of published Supreme Court opinions. But he is remembered for more than his decisions. Former Rehnquist law clerk Jeff Bleich shares five life lessons he learned from the justice. They apply regardless of political philosophy: spend time with people you enjoy; take work, not yourself, seriously; treasure time more than money; admit your worst habits and do your best things quietly; and, don't assume the worst about people. Bleich expounds on these rules and their context with Justice Rehnquist, reminding us that judges are more than removed figures in robes. Please see, “Lessons From the Chief: Remembering William Rehnquist,” by Jeff Bleich, Oregon State Bar Bulletin, November 2005.
http://www.osbar.org/publications/bulletin/05nov/rehnquist.html
Judicial Activism
Judicial activism: how is it defined and what are its boundaries? Regardless of definition, is it our country's saving grace, or an abuse of power within the judicial branch? Two writers for the Utah Bar Journal present opposing views regarding judicial activism. According to one author, the judiciary inappropriately creates laws and charts the course of our nation's legal path. Others argue that we should thank “judicial activism” for racial equality, the right to legal representation, and protection from police misconduct. We must also question what this debate – and the language that it includes – does for the public's confidence in the judiciary. Please see, “The Tyranny of the Courts,” by David R. McKinney and “The Dangers of Overreacting to ‘Judicial Activism,'” by Thomas L. Murphy, Utah Bar Journal, January 20 th and 25 th 2006 (scroll to each article).
http://www.utahbar.org/barjournal/archives/2006/01/index.html
The Half Full Glass
Optimist or pessimist? We each know into which category we fall, and we tend to believe there's no changing our natural tendency. Or is there? The way we deal with adverse situations – how we talk to ourselves and interpret events – directly affects our mental outlook. Psychologist Martin Seligman believes that optimism can be learned and practiced, and that an optimistic outlook reduces depression, improves health, and promotes greater achievement. In his work, Learned Optimism, Seligman examines what determines our state of mind and how to become more optimistic. It just might make a difference in all you do. Please see Learned Optimism, by Martin E. P. Seligman, Ph.D.; Pocket Books (a division of Simon & Schuster, Inc.), 1990, 1998. For an overview of the work, please visit
http://www.shearonforschools.com/learned_optimism.htm
The Zone
Attorneys develop it for the courtroom. Athletes use it to train. Even poker players have it. Strategy is what we use to get what we want, when we want it. Drawing on inspiration from songwriter Harry Chapin and a life-changing event, author Cordell Parvin shares how he was motivated to develop a life strategy. He encourages us to focus equally on our personal lives and our careers – to find our “zone,” in other words, and train ourselves to live within it. There's no magic formula for career and life success; the key is not in discovering what we need to do, but in finding what drives us to do it. Please see, “Strategy for Career and Life,” by Cordell Parvin, Texas Bar Journal, February 2006.
© Copyright 2006. All Rights Reserved.
Indiana Judicial Center, Indiana Judicial Conference Committee on Ethics and Professionalism.
