Just about every judge has spoken to a school group and heard a student ask, "What's it like to be a judge?" Any officeholder worth his or her salt long ago developed an intriguing standard answer to such inquiries. The standard answer is usually entertaining --- and no more revealing than necessary.

When judges talk to other judges, of course, especially to their friends, the conversation can often center on the peculiar challenges and burdens and joys of our work. Sorting out these challenges and burdens is not the sort of thing that Ann Landers or Doctor Phil has ever had much to say about. The object of Judicial Balance is to hunt through the mass of modern literature for articles and other writings that might provide judges with insights into successful navigation of judicial life. We hope judges will find this effort worthwhile.

Randall T. Shepard,
Chief Justice of Indiana

Integrity

Integrity is dedication to doing what is right instead of what is merely expedient or self-serving. It is one of the few things that, if possessed, cannot be taken from us without our consent. Writer Ellen Freedman discusses integrity, with a particular focus on its struggle to survive within the legal profession. Sadly, examples of its absence abound. Fatigue, stress, and pressure lead to deceptively small compromises and rationalizations. It takes a lot to maintain integrity in the face of challenge: a great deal of courage and a willingness to accept the consequences. Where is integrity on your list of priorities? As Freedman notes, thinking about integrity will not make you wealthier or healthier; it may not even make you happier. But it will make you better. Please see, “Living With Integrity,” by Ellen Freedman, Law Practice Today, October 2007.

http://www.abanet.org/lpm/lpt/articles/mgt10072.shtml

A “Win-Win” Life in the Law

Can you reshape your work to make it more gratifying? That’s the million-dollar question for legal professionals, as we are renowned for high rates of depression and dissatisfaction. In his work about happiness, Martin Seligman devotes an entire chapter to the issue of lawyers’ discontent. Seligman identifies three primary causes of demoralization within the legal profession: a need for pessimism; limited decision-making ability in high-stress environments; and the nature of law as a “win-loss” endeavor. However, by acquiring the right personal skills and creating the right work environment, we can minimize the pervasive effects of such demoralization. Seligman discusses “signature strengths” – individual talents not typically given an outlet in the law – and how we can approach our work so as to exploit those strengths and increase personal satisfaction. Perhaps life in the law can be a “win-win” game after all. Please see, “Why Are Lawyers So Unhappy?” from Authentic Happiness: Using the New Positive Psychology to Realize Your Potential for Lasting Fulfillment by Martin E. P. Seligman, Ph.D; Lawyers With Depression.com.

http://lawyerswithdepression.com/lawyersunhappy.asp

In the Hands of the Jury

The more involved you are within an organization, the greater your commitment to its success. U.S. District Judge William G. Young emphasizes this theory in his speech to the Florida Bar. He posits that the American jury system, by which ordinary citizens become constitutional officers, is the greatest guarantor of judicial independence in existence. Sharing judicial power with juries makes judges stronger; it forces them to know and explain the law, and allows juries to effectively be a check on the judiciary in certain cases. Yet, our jury system is dying. We have become a judiciary of summary judgment and motions to dismiss, and are often relieved when problems are solved on a national level. Consider where our jury system is headed. Think about it when your court is taking a jury verdict. Most of all, remember that our jury system is a “deep expression of hope that individuals can understand the laws and the constitution and then, without bias, fairly and independently apply that law to particular disputes.” Please see, Keynote Address by Judge William G. Young, U.S. District Court, District of Massachusetts. Florida Bar Annual Convention, 2007. Published by the Boston Bar Association.

http://www.bostonbar.org/pub/speeches/young_june07.pdf

The Bully

It should be a subject – and an experience – left to grammar school. Yet, bullying is gaining momentum, sometimes with tragic consequences. The workplace is not immune to a bully’s methods; fully 37 percent of the U.S. workforce has been bullied directly, and another 12 percent witness such attacks regularly. Gary Namie defines workplace bullying as “repeated, health-harming mistreatment that takes one or more of the following forms: verbal abuse; conduct that is threatening, intimidating, or humiliating; or sabotage of work such that legitimate business interests are undermined.” Namie discusses why bullies succeed with their behavior, and offers step-by-step guidelines to prevent and deal with bullying. He advocates developing a “bullying policy” – and outlines how to do so – as distinct from harassment and discrimination policies. The Bully (we all know him or her) has become so prevalent that his behavior may soon be legally actionable; a state-by-state legislative campaign is gaining momentum. Please see, “Create a Blueprint for a ‘Bullying-Free’ Workplace,” by Gary Namie, The Complete Lawyer, Vol. 4, No. 1.

http://www.thecompletelawyer.com/volume4/issue1/article.php?ppaid=5882

The Key to Public Satisfaction

We understand the concept of fairness from a very young age, and most of us cherish the principle throughout life. Research indicates that the perception of unfair or unequal treatment is “the single most important source of popular dissatisfaction with the American legal system.” Judge Kevin Burke and Judge Steve Leben argue that judges can alleviate public dissatisfaction with the judiciary by paying critical attention to the key elements of procedural fairness: voice; neutrality; respectful treatment; and engendering trust in authorities. The authors define these elements, and advocate for changes in the daily work of the judiciary so as to increase procedural fairness; they make specific recommendations for judges, courts, and administrators. The first step is being aware of the dissonance that exists between how judges and the public view the legal process. The next step is bridging that gap. The public’s confidence can be regained, and judges can glean greater satisfaction from their daily task. Please see, “Procedural Fairness: A Key Ingredient in Public Satisfaction,” by Judge Kevin Burke and Judge Steve Leben (a White Paper of the American Judges Association, The Voice of the Judiciary), September 2007. Published on line by NASJENews Quarterly.

http://nasje.org/news/newsletter0704/R4-ProceduralFairness.pdf

No Excuses

We know the drill: healthy people live longer and better. A sedentary lifestyle leads to increased morbidity and mortality. Despite the facts, most of us continue to place physical fitness on the back burner, perhaps because the consequences aren’t immediately apparent. Additionally, legal careers promote unhealthy lifestyles. Our work is characterized by sedentary days, long hours, high stress, and eating on the run. Yet, health is key to quality of life. There are several ways to work physical activity into demanding professional hours without sacrificing precious family time: take the stairs, skip the latte, and pack your own lunch, to name a few. Research also shows that healthy persons are more productive, earn greater salaries, and make better first impressions than their unhealthy counterparts. In short, “your physical fitness implies your professional fitness.” Imagine your life in ten or twenty years, as you hope it will be. Start making it happen today. Please see, “Fatness v. Fitness: Life, Law, and the Pursuit of Happiness,” by Doug Sedwick, Oregon Bar Bulletin, January 2008.

http://www.osbar.org/publications/bulletin/08jan/parting.html