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
The Challenge of Our Time
Work-life balance: attainable goal or elusive fantasy? Released in April of this year, this book explores the challenge of work-life balance in seven countries (including the United States). The authors found three tensions central to the issue of balance: work is increasingly demanding and invasive in our lives; opportunity to connect with others is crucial for well being; and the negotiation of relationships and expectations between men and women. The fantasy? That work-life balance can be achieved through quick fixes rather than examining the place of work in our lives and how it is accomplished. The work ends with suggestions and theories on moving toward balance. Please see, “The Myth of Work-Life Balance: The Challenge of Our Time for Men, Women and Societies,” by Richenda Gambles, Suzan Lewis, and Rhona Rapoport; John Wiley & Sons, April 2006.
An Aging America
Many things become more difficult as we age. Navigating the judicial system, if necessary, is one of them. With the ever-growing group of aging baby-boomers, our judicial system must ensure that older adults are provided effective access to courts. We must understand situations that lead elders to the courts, how courts respond to them, and what policies and administrative actions are needed to prepare for the future. How? By removing barriers within the justice system and by creating links between elders and the courts, and with health, mental health, and social service systems. This article analyzes ten specific questions central to these issues, and proposes a model plan to respond to elders' needs. Please see, “Judicial Responses to an Aging America,” by Max B. Rothman and Burton D. Dunlop; Court Review, American Judges Association, Vol. 42, Issue 1.
http://aja.ncsc.dni.us/courtrv/cr42-1/CR 42-1Rothman.pdf
Independence or Bust
Judicial independence means “…a judicial culture…that approaches the interpretive task as guided by principles that rise above personal or partisan likes or dislikes….” Though from different ends of the political spectrum, the authors are united in their belief that squandering judicial independence would be a grave mistake. As part of the Brennan Center's Judicial Independence Project, authors Bruce Fein and Burt Neuborne address the role of judges, the history of judicial independence, and current threats to its endurance – namely, viewing judges as politicians who do not deserve independence. Perhaps the legal community can emulate the authors' unity on behalf of our judiciary. Please see, “Why Should We Care About Independent and Accountable Judges?” by Bruce Fein and Burt Neuborne; Brennan Center for Justice at NYU School of Law (reprint from Judicature , American Judicature Society, Vol. 84, No. 2, September/October 2000).
http://www.brennancenter.org/resources/downloads/fein-neuborne.pdf or http://www.brennancenter.org/resources/books.html#ji (scroll to the selection for a free download).
In Distress
As noted by author Isaiah M. Zimmerman, “judges work at the convergence of powerful demands: …heavy dockets; restrictions on speech and behavior; intense media exposure; public ignorance of the role of the courts; and the relative isolation of the judicial position….” Such challenges create unique stresses, personally and professionally. Unfortunately, judges often do not get the help they need. Mr. Zimmerman proposes a wellness initiative within the courts—tailored specifically to the needs of judges—to provide assistance for physical and emotional problems. He shares methods of ensuring confidentiality and creating an atmosphere where judges are comfortable seeking aid. You deserve access to help without compromising your position on the bench. Please see, “Helping Judges in Distress,” by Isaiah M. Zimmerman; Judicature , American Judicature Society, Vol. 90, No. 1, July/August 2006.
http://www.ajs.org/ajs/publications/Judicature_PDFs/901/Zimmerman_901.pdf
Facing Finances
All of us face financial decisions and, at times, financial problems. According to a survey by Psychology Today, 71 percent of 20,000 respondents listed “anxiety” as the emotion most often associated with money. Without question, finances add pressure and tension to already stressful lives. Yet, you don't have to be controlled by your finances. Author Carol P. Waldhauser shares methods for dealing with the stress of money issues as well as the debts. The ultimate advice? Solve one problem at a time, one day at a time. Please see, “Facing Your Financial Problems,” by Carol P. Waldhauser; Maryland Bar Bulletin, August 2006.
http://www.yls.org/departments/commpubl/publications/bar_bult/2006/aug/lap.htm
Between Us… And Them
We rely on professionals to resolve major life issues. Be it the medical profession, the business world, or trade professions, life would be very difficult without them. Yet, there is little support across professional lines. We're all known for bashing each other: “corrupt judges,” “sloppy, uncaring physicians.” Such talk does nothing to make the world a better place, and discredits our own profession in the long run. We all confront the stress of heavy responsibility, long hours, and limited control over outcomes; we each reap the rewards of helping others through life's challenges. Let's avoid generalizations and, instead, voice our respect for each other. Perhaps the general public will follow suit. Please see, “A War of Words Between Professions,” by John T. Berry; Michigan Bar Journal, May 2006.
http://www.michbar.org/journal/pdf/pdf4article1004.pdf
© Copyright 2006. All Rights Reserved.
Indiana Judicial Center, Indiana Judicial Conference Committee on Ethics and Professionalism.
