Our fellow lawyers often say that it's difficult to tell how someone will be affected by becoming a judge. The traditional risk of "black robe fever" is certainly still among us, though the number of afflicted seems pretty small. And indeed, there are many instances in which judges who were known as bare-knuckled operators during their days as practitioners somehow manage to evolve into even-handed, courteous adjudicators.

Help with mastering the mechanics of judicial office is usually right at hand. Judicial education sponsored by state and federal courts and a host of other providers serve to assist us on anything that can be taught as a "how to."

Assessing how we can maneuver through the more introspective aspects of judging, however, is not something easily learned through continuing legal education. This newsletter represents the Indiana judiciary's contribution toward helping judges find insight into the more personal challenges that come with being a judge. We now distribute this bulletin to several thousand judges. We'd be glad to have advice or suggestions, which you can send to our editor, Deidre Baxter Cheng. 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

Civility Is Not Dead

War-like metaphors are common in law: “fighting” for a group's rights; “defending” justice; “battling” the opponent. To make civility accessible to a profession “at war” – and for judges moderating the battle – author William C. Duncan creates an analogy between civility and the historical concept of chivalry. He notes that chivalry “offered a plan whereby civilization might contain a war and go on existing as a civilization” (quoting Richard Weaver's Up From Liberalism ). Duncan challenges us to view civility as an obligation to which we are morally bound; to see all persons involved in the legal process as having a claim on our courtesy; and to take individual responsibility for our own civility. Please see, “Civility and Chivalry,” by William C. Duncan; Utah Bar Journal, March 2007.

http://webster.utahbar.org/barjournal/2007/03/civility_and_chivalry.html#more

The Rule of Law

The “rule of law.” It's a phrase used both formally and indiscriminately, but what does it mean? How does it impact your role as a judge? This review examines two books that address these questions: On The Rule of Law: History, Politics, Theory by Brian Z. Tamanaha and The Rule of Law in America by Ronald A. Cass. Tamanaha's work explores the history of the rule of law concept, the judge's original function as the ultimate preserver of the law, and, finally, the transformation of the judge's role due to societal change. Cass's book examines a judge's position under today's understanding of the rule of law, compiling various opinions into two camps: judges as partners with society and government, and judges as agents of the law. How would you characterize the relationship between the bench and the rule of law? Please see, “A Judge's Role in the Rule of Law,” by William F. Hurst IV; Court Review, American Judges' Association, Vol. 42, Issue 3-4.

http://aja.ncsc.dni.us/courtrv/cr42-3and4/CR42-3Hurst.pdf

Radical Kindness

Our profession is known for many things, but kindness is generally not one of them. Yet, ask any judge, attorney, or paralegal, and nearly all will admit that something needs to change the course of legal culture. Perhaps what we need is radical kindness: a kindness that stems from our humanity; that is fierce when necessary; and that sets appropriate boundaries. Without question, Mary H. Mocine's piece on radical kindness calls for nothing less than a revolution in the legal world. Most striking, however, is that each of us holds the power to generate such change. We'd all be better for it. Please see, “Realizing Kindness,” by Mary H. Mocine; Transforming Practices, Guest Column.

http://www.transformingpractices.com/gc/gcpc15.html

A Little Levity

Sometimes we need a little levity. That's a tall order in a courtroom, but judges have a great deal of power to set the tone of legal proceedings. A family court judge in Vermont seems to strike the right balance. Judge Harold E. Eaton, Jr. found a way to reach across the bench into the world of children: the addition of Judge Bear and Judge Bunny during emergency detention hearings involving children under six years old. The response is wonderful—smiles erupt in timid faces and a potentially scary day at court is transformed into a less intimidating experience. Of course, stuffed animals aren't appropriate in most proceedings. But that's not the point. Remembering to bring your compassion to the bench, and a sincere desire to enter the world of those before you, is. Please see, “Judge Bear and Judge Bunny Enter the World of the Child in Windsor Family Court,” by Lorrie R. Wilkes, Esq.; Vermont Bar Journal, Winter 2007.

http://69.39.146.6/Images/Journal/journalarticles/winter2006/JudgeBear&Bunny.pdf

Striving for Balance

A sustainable balance between professional obligations and personal needs leads to better productivity, increased commitment to our profession, greater satisfaction, and better health. The New Hampshire Bar Association recently published six work-life canons intended to help you meet your personal and professional goals. They include assuming responsibility for individual priorities; preventing undue burden on those around you; and promoting collegial professional relationships. The canons are a concise statement of the balance we need. Post them where they can serve as a daily reminder of what you're striving for. Sometimes that's all we need. Please see, “Is Your Life In Balance? Work-Life Task Force Canons,” by the New Hampshire Bar Association Work Life Creed Task Force; Bar News, January 5, 2007.

http://www.nhbar.org/publications/archives/display-news-issue.asp?id=3485

A Place for Emotion?

As lawyers, we are taught to separate the functions of thinking and feeling. In theory, this encourages objectivity, unbiased by unpredictable emotions. But in practice, we risk losing our emotional world and, along with it, a life of feeling, sincerity, and wholeness. Attorney and psychotherapist Jill Breslau discusses how emotions are helpful and critical to legal professionals. For example, they allow us to feel compassion for a distressed party rather than accepting his distress as our own. Learning to think like a lawyer is only part of our job. We also must understand and manage our emotions, and acknowledge those of others. That just may lead to a more humane legal environment for everyone. Please see, “Is There a Place for Emotion in the Law?” by Jill Breslau; The Complete Lawyer, Vol. 3, Issue 1.

http://tcl.thecompletelawyer.com/volume3/issue1/article2.php?ppaid=914&apage=1