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

It's Your Call

As a judge, your role is almost exclusively determined by long-standing, defined procedures. Yet, how you manage self-represented litigants – arguably the most critical of your jobs – often comes down to your discretion. There has always been a great deal of debate, and virtually no concrete guidance, as to how active judges should or should not be with pro se parties. Too much “help” can create bias, or its appearance; too little, and one party may inadvertently forfeit important rights. The last decade reveals a dramatic trend toward giving judges greater discretion to ensure a fair process for self-represented litigants. To further this trend, we must be mindful that the goal of our system is fairness and justice; that impartiality does not equal passivity; that lack of counsel is usually compelled, not voluntary; and that context matters. It is possible to perform both ethically and actively in assisting pro se parties. After all, you are responsible for the fairness of the proceeding and the court orders. Please see, “Ethics in Transition: Unrepresented Litigants and the Changing Judicial Role,” by Russell Engler, Esq., New Hampshire Bar Journal, Winter 2008.

http://www.nhbar.org/publications/display-journal-issue.asp?id=388

Ego: Best Friend or Worst Enemy?

The idea of ego usually connotes negative traits such as arrogance, narrow-mindedness, and selfishness. But what if ego could be an asset rather than a liability? The goal of David Marcus and Steven Smith’s new book is to help people manage their ego for good instead of ill. The authors suggest that ego can be one of the greatest challenges facing successful people: it can alienate us from others and from further success, or it can help us achieve our potential. Marcus and Smith researched the negative effect of unharnessed ego in business, where damage was easily quantified by lost profits. Although judges don’t manage a profit margin, damage to relationships and professionalism can be irreparable. There are four early warning signs of ego: being comparative; being defensive; showcasing brilliance; and seeking acceptance. The authors propose three principles to counteract these signs. Make ego one of your greatest assets. Please see, “Egonomics: What Makes Ego our Greatest Asset (or Most Expensive Liability),” by David Marcus and Steven Smith, Fireside Publishing, Sept. 2007. Review by Amity Noltmeyer, The Complete Lawyer, Vol. 4, No. 1.

http://www.thecompletelawyer.com/volume4/issue1/article.php?ppaid=5909

Compassion in the Courtroom

How do you manage your emotions in the courtroom? Your job is to administer justice in the form of fairness, legal accuracy, and due process for all parties who appear before you. Many of you were taught that the ideal judge is also “dispassionate,” defined by Webster as free from passion, emotion, and bias – ever the calm and impartial figure. Surely every judge experiences a time when this ideal is tested, when being dispassionate demands super-human abilities. Judge Randolph R. Loncke shares his experience presiding over a child abuse case involving a 9-year-old victim. His story is moving, and the feelings and lessons of that day have remained with him many years. He reminds us that justice and compassion need not be mutually exclusive; that cases can be heard without passion as a judge, but not without compassion toward victims as human beings. After all, judges are human too. Perhaps that is the most important quality you bring to the bench. Please see, “Justice in the Courtroom – But Compassion Too,” by Judge Randolph R. Loncke, Sacramento Municipal Court, ABA Division for Public Education/ The Human Side of Being a Judge.

http://www.abanet.org/publiced/courts/justice_compassion.html

Judicial Wellness and Personal Security: A New Course

The sources of stress for a judge are numerous: the burden of your task; isolation; fear for your safety and that of your family; the traumatic experiences of individuals in your courtroom; and “compassion fatigue,” are but a few. Maintaining wellness in the face of such challenges, though difficult, is critical to your well being. Philip M. Stahl defines wellness as a way of caring for oneself that incorporates emotional, physical, and spiritual elements. Though a relatively new area of study, recent years reflect a marked increase in research regarding judicial stress and wellness. This September, the National Judicial College presents a new course, “Judicial Wellness and Personal Security,” that will address the sources, causes, and effects of stress on judges, including how to manage such challenges. The good news is that you can be a judge and a healthy, happy individual. Please see, “Judicial Wellness and Personal Security,” by Philip M. Stahl, Ph.D., ABPP, National Judicial College, March 2008.

http://www.judges.org/news/news030708.html

The Sweetest Things in Life

“The happiest lawyers I know, unquestionably, have prioritized time with their families – day-to-day time, not expensive vacation time.”

http://newyork.thecompletelawyer.com/volume4/issue2/article.php?ppaid=7183

The Best Boss

Odds are, you supervise several people professionally. As a judge, you also have significant influence over many others not in your direct line of authority. So what does it take to be a good boss? How do you leave a legacy of positive leadership? Author Wendy Werner shares nine practices of an excellent supervisor. Many of the practices are not intuitive; all of them value the individual at the highest level – certainly above work itself. Werner’s main theory is that respect and value for individual employees optimizes success, loyalty, and work ethic. From creating challenges for people to recognizing that they have personal lives, Werner’s practices can help you be an effective leader. Be an excellent boss. You will be rewarded accordingly. Please see, “The Best Boss,” by Wendy L. Werner, Law Practice Today, December 2007.

http://www.abanet.org/lpm/lpt/articles/mgt12071.shtml