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

Striking A Balance

The scales of justice traditionally represent equal treatment under the law and the impartial weighing of law and fact. We spend our days, and many other hours, striving for this balance. Yet, most of us seek another type of balance as well, one that includes our career, our personal life, and our need to evolve as individuals. It is worth considering that such balance may be a matter of perspective, dependent upon how we view and respond to our circumstances rather than necessarily calling for a serious change of situation. Ellen Conedera Dial discusses the issue of balance within our profession, with special emphasis on the degree to which satisfaction is up to us. Ms. Dial also shares five conclusions about balance, including a reminder that balance is not an issue that belongs to any one group – it is an issue for all of us. Please see, “The Search for Balance,” by Ellen Conedera Dial; Washington Bar News, March 2007.

http://www.wsba.org/media/publications/barnews/mar07-dial.htm

Judges Are People Too

There exists a sacred trust between a judge and those who stand before him. His decisions affect countless lives. Without question, the public deserves a bench of the highest standards. Yet, judges are human beings occupying a venerable office. They are not immune from the stress and humanity that confront us all. The issue of judicial impairment – alcoholism, drug abuse, or other cause – is of special concern. Cynthia Gray outlines how courts and disciplinary committees across the country are handling such cases. The core of her message: denying or concealing an impairment, be it yours or that of a colleague, only exacerbates the problem. Early disclosure and treatment are in the best interests of the impaired judge. They also preserve the skilled bench we are privileged to claim as our own. Please see, “The Worst-Kept Secret in the Courthouse,” by Cynthia Gray; Judicature, Vol. 90, Number 1, July-August 2006.

http://www.ajs.org/ajs/publications/Judicature_PDFs/901/Gray_901.pdf

On Courage

Most of us contemplate courage on a large scale: saving a child from certain death; sacrificing one's life for humanity; testifying for the benefit of society at the cost of one's livelihood. But when we consider those individuals who command our greatest respect, they are usually persons of great courage within the realm of daily life. Dennis Coyne brings us Anne Sexton's poem, “Courage,” to discuss the value of recognizing courage in the so-called small things: volunteering for a leadership position; facing illness and aging; saying “no.” Beyond the emotional impact of Sexton's words, her work provides the ability to recognize courage. It motivates us to live the life we desire. Please see, “Courage in the Small Things,” by Dennis Coyne; The Complete Lawyer, Vol. 3, Issue 3.

http://www.thecompletelawyer.com/volume3/issue3/article.php?ppaid=2082

Challenge for the Bench: Pro Se Litigants

One of the greatest challenges facing trial court judges is the proper management of cases involving self-represented parties. The judge must ensure that a case is decided on its merits, yet she must not depart from the role of neutral, impartial decision-maker. The National Center for State Courts offers some practical resources about managing such cases. The resources include a summary of the Canons of Judicial Ethics and case law regarding the role of a judge in pro se proceedings. Also included is a proposed protocol for judges to use during a hearing, and general techniques to follow prior to and after the proceeding. The suggested techniques are consistent with both the majority and minority views, as reflected in case law, regarding the role of the judge. Please see, “Self-Representation Resource Guide,” National Center for State Courts.

http://www.ncsconline.org/wc/CourTopics/ResourceGuide.asp?topic=ProSe#Judicial%20Resources, then select “Judicial Resources.” Four articles are listed; two are available on-line.

A Time for Change

There is a time for everything. - Ecclesiastes 3:1

Change is essential to life and to progress, but it can be emotionally wrenching. The key is recognizing the need for change, and knowing how to make it happen despite a tough transition period. Some signs that you might need a change include restlessness; dissatisfaction with daily life; being easily frustrated; or inconsistencies between your work and your values. Writer Marguerite Stenquist shares a four-step process for negotiating a significant change in your life. Her approach takes personal values, fear of change, and the difficulty of change – for you and your loved ones – into consideration. Sometimes it's just a matter of taking the first step. Please see, “Is It Time For A Change?” by Marguerite Stenquist; NASJENews Quarterly, Spring 2007.

http://nasje.org/news/newsletter0702/features03.htm

The Legacy You Leave

As a judge, you are a leader. You are a leader in the courthouse, in your community, and in your home. And, as a leader, you will leave a legacy. A Leader's Legacy by James M. Kouzes and Barry Z. Posner, is a collection of essays that examines the introspective questions leaders must ask to have a lasting impact. The essays are grouped into four categories: Significance, Relationships, Aspirations, and Courage. The work portrays leaders on a human scale, and challenges us to leave the legacy we desire rather than one we unintentionally create. Ultimately, the type of life we lead is what we leave behind. Kouzes' and Posner's work received excellent reviews. Please see, A Leader's Legacy, by James M. Kouzes and Barry Z. Posner; Jossey-Bass, 2006 (available through major booksellers on-line). Reviewed by Lydia Morris Brown, The Complete Lawyer, Vol. 3, Issue 3.

http://www.thecompletelawyer.com/volume3/issue3/article.php?pubid=53&deptid=17