As we get closer to the fall elections, it seems apparent that quite aside from a new blizzard of interest group questionnaires and vast sums of campaign money finding its way into judicial elections we can expect to experience a new wave of assaults on judges as part of the larger election picture. Some of this will be directed at judges and their decisions with the hope of changing current personnel, and some of it will be designed simply to alter turnout among various parts of the electorate with the aim of affecting the outcome of non-judicial races. Whether it's the latter or the former, the time judges spend in these crosshairs can be wearing on the soul.

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 are very pleased that so many judges have found these newsletters useful. We now have several thousand judges on our mailing list. We are especially glad to welcome the members of the American Judges Association, and various members of the court family associated with the National Center for State Courts to our readership.

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

Great Expectations

For centuries, civility has characterized the legal profession at its best. Civility is defined as courtesy or politeness, permeating (ideally) all that we do. The lack of civility in today's legal world threatens the integrity of our profession. As judges, you are in a unique position for restoring civility to the legal process. Maintain a no-tolerance policy in your courtroom: no personal attacks, no sarcasm, and no invective. As author Frank Overton Brown, Jr., notes, civility and incivility are really habits—one good and one bad. The greater our expectations for civility, the more likely it will again define our profession. Please see, “Civility in Society and the Law – Reasonable (and Great) Expectations,” by Frank Overton Brown, Jr., Virginia Lawyer Magazine, April 2006.

http://www.vsb.org/docs/valawyermagazine/apr06brown_civility.pdf

Stay Safe

According to the U.S. Marshals Service, adequate safety practices in personal routines are crucial to security. Originally published in 2000, the Personal Security Handbook recommends numerous safety measures for judges and their families. The number one recommendation? Talk about it. Have a candid discussion with loved ones about practical ways to increase your safety and maintain perspective. Of particular note, the handbook includes a special section on Internet safety for children and families. Consider the recommendations, determine which apply to you, and follow them carefully. Please see, “Personal Security Handbook: How You and Your Family Can Minimize Risks to Personal Security,” by the U.S. Department of Justice, Judicial Family Institute (reprinted with permission of the Michigan Judicial Institute).

http://jfi.ncsconline.org/prsl-sec-handbook.pdf

Accountability, Fairness, and Independence

There remains much discussion about threats to judicial independence, such as damaging comments from political figures and electoral campaigns by special-interest groups. Perhaps the only way to ensure independence and restore confidence in the courts is through judicial accountability: the courts define and communicate the standards to which they should be accountable, and then consistently demonstrate that they meet those standards. The judiciary must focus on its own performance rather than on inappropriate judicial attacks. In the long run, legitimate criticism of the judiciary, left unaddressed, is the greatest threat to judicial independence. Please see, “Judicial Accountability, Fairness, and Independence,” by Roger K. Warren, Court Review, Volume 42, Issue 1.

http://aja.ncsc.dni.us/courtrv/cr42-1/CR%2042-1Warren.pdf

The “CSI Effect”

Popular culture, especially via television and the Internet, is arguably the most powerful influence on most Americans. The popularity of the television drama CSI is well known, and the justice system is not immune to its effects. Unfortunately, popular culture creates unrealistic expectations in the courtroom: consistently conclusive evidence, rapid forensic results, and unquestionable verdicts. Yet, reality is rarely black and white, and never efficient. Courts must counter the CSI effect; some are doing so by questioning jurors about television viewing habits or by presenting experts to explain the absence of forensic evidence. How are you and your court dealing with the CSI effect? Please see, “The ‘CSI' Effect: Popular Culture and the Justice System,” by Janine Robben, Oregon State Bar Bulletin, October 2005.

http://www.osbar.org/publications/bulletin/05oct/csi.html

The Meaning of Balance

What is work-life balance? Is it apportioning your time between professional and personal life? Is it maintaining an intricate schedule of parenting, work, and other duties? Or is it simply doing a good job at what's most important to you? Author Dennis Coyne challenges us to abandon the notion of true balance between life and work. No one can have it all, but we can have a fulfilling life. Coyne shares the advice of his mentor, Frederic Hudson: hold on to what works; let go of what doesn't; accept new challenges and ideas; and move on to new commitments. What does balance mean to you? Please see, “An Impossible Challenge: Mastering Life-Work Balance,” by Dennis Coyne, The Complete Lawyer, Volume 2, Number 2.

http://www.thecompletelawyer.com/volume2/issue2/article.php?pubid=7&deptid=9

The Art of Delegating

Have you mastered the art of delegating? As a judge, you are in a position of significant responsibility and leadership. To be successful, you must accomplish work through others—law clerks, judicial secretaries, court clerks—rather than do it all yourself. Delegating well helps you avoid work overload and unnecessary stress. Dr. Ellen Ostrow's detailed article on effective delegating for attorneys applies equally to judges. Ostrow notes the skills necessary to delegation, including setting priorities, communication about expectations, motivating others, and offering feedback. The first step in delegation is the toughest: sacrificing time in the short-run to meet long-term goals. Please see, “How Effective Are Your Delegating Skills?” by Ellen Ostrow, Ph.D., The Connecticut Lawyer, February 2006, originally featured in Beyond the Billable Hour, Issue 39, Part 2.

http://www.lawyerslifecoach.com/articles/connecticut.pdf