Happily, there were a good many places where various attacks on the judiciary in general or on individual judges in particular failed to find success with American voters. Still, the favorable outcomes on a number of ballot questions or judicial races do not save the men and women of the American bench from the mental or physical burden that these battles represent. The time judges and their families 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 Basics
Based on Robert Fulghum's book, All I Really Need to Know I Learned in Kindergarten, Justice Jill Parrish's remarks to new lawyers apply universally. Parrish suggests that true success depends on the characteristics and qualities that we bring to our profession. We must assist the less fortunate; we must avoid rationalization and compartmentalization; we must be courteous and responsible; and, above all, we must maintain perspective. Whether you're new to the bench or have been a member of the judiciary for decades, Parrish reminds us what makes a good person and, consequently, a good judge. It's the season to evaluate where we've been and where we're headed; “Lessons From Kindergarten” is a good place to start. Please see, “Lessons From Kindergarten,” by Justice Jill N. Parrish; Utah Bar Journal, January 2006.
http://www.utahbar.org/barjournal/archives/2006/01/index.html (scroll down to article).
The Power of Education
If [citizens] lose respect for the work of the courts, their respect for law and order will vanish with it. – Arthur T. Vanderbilt
Evidence has long shown that, as public knowledge about the justice system increases, public trust and confidence in the courts also increase. Unfortunately, even basic knowledge about our government is minimal: according to an ABA study in Florida, fewer than sixty percent of Floridians could identify the three branches of government, and less than half understood the concepts of separation of powers and checks and balances. Odds are, the statistics are similar in every other state. Public education and outreach are critical to the support of the judiciary. Direct contact and interaction with judges as part of public education – as suggested by this article – would provide valuable insight into the judiciary and build strong relationships with the public. Consider your role in making the public well informed. Please see, “A Balancing Act,” by Joseph W. Hatchett and Annette Boyd Pitts; Florida Bar Journal, November 2006.
The New Face of Addiction
Addiction is defined as a habitual, compulsive dependence involving a substance or behavior. Legal professionals continue to suffer from addiction at nearly twice the rate of the general population. Although alcoholism remains the number one dependency problem among judges and lawyers, the face of addiction continues to change. There are increasing numbers of professionals dependent on methamphetamine, prescription drugs, online gambling, sex and computer games. Author Cliff Collins discusses why we are prone to addition; addresses the stigma of dependency; and shares treatment options in light of new addictions. The good news is that lawyers and judges maintain some of the highest success rates after seeking treatment. Please see, “Addiction and the Law: How Dependency Issues Continue to Affect the Legal Profession,” by Cliff Collins; Oregon State Bar Bulletin, August/September 2006.
http://www.osbar.org/publications/bulletin/06augsep/addictionlaw.html
According to Us
There is much discussion about society's view of the legal profession, but how do those of us in the trenches view our chosen career? According to a survey conducted by The Complete Lawyer and the National Association for Law Placement (NALP) about the lives of legal professionals, responses differed greatly between genders and among different generations. For example, the majority of older respondents view the law as a “human service of the highest order”; only 39 percent of respondents under age 41 concur. And, male respondents were more optimistic about the law's ability to attract top talent than were females. The survey also questioned lawyers regarding career choice and life satisfaction, among other topics. The findings are critical evidence of where we stand. Please see, “What Is Right About the Profession of Law,” by Paula Patton; The Complete Lawyer, Vol. 2, No. 4.
http://tcl.thecompletelawyer.com/volume2/issue4/article.php?ppaid=355
The Vacation Test
The holiday season just came to a close, but – let's face it – it was no vacation. How do you know when you need a break? Do you have so much vacation time accrued that you can't use it in this lifetime? Do you honestly feel that you don't have time for a vacation? Consider the following: the average U.S. worker works 6 more weeks per year than she did 20 years ago; and, research shows that an annual vacation significantly reduces the risk of heart attack in both men and women. Author and lawyer Betsy Black suggests a disciplined approach to planning a vacation, including a detailed plan for dealing with work while you're away and a specific approach to re-entry upon your return. We can't afford not to take vacations. It just takes discipline to make them happen. Please see, “Work-Life Balance: The Vacation Test – Pass It If You Can,” by Betsy Black; New Hampshire Bar News, November 2006.
http://www.nhbar.org/publications/archives/display-news-issue.asp?id=3391
The Latest in Juries
In 2005, the American Bar Association published Principles for Juries and Jury Trials (“Principles”). The Principles highlight the latest in jury research and practice, and seek to provide jurors with tools that clarify their role in the courtroom (and, in turn, make your role as a judge easier). Issues such as jury size, discussion of evidence during trial, note taking, and submission of questions for witnesses are hot topics; every jurisdiction in the country deals with them differently. This article discusses those differences, and shares the research supporting the ABA's Principles. In our quest to ensure justice and maintain the trust and confidence of the public, an efficient and fair juror experience is critical. Please see, “The Latest in Juries: What's Happening Around the Country That's of Interest to New York Lawyers and Judges,” by Elissa Krauss; New York State Bar Journal, October 2006.
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Indiana Judicial Center, Indiana Judicial Conference Committee on Ethics and Professionalism.
