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

An American Restoration

Political views aside, most of us agree that American democracy needs to be “fixed” in some way. Such is the thesis of Michael Waldman’s book, A Return to Common Sense: our democratic system of government urgently needs repair, with voting reforms topping the list. Waldman’s work examines our government institutions, reveals their weaknesses, and proposes concrete steps toward making America a truly effective democracy. Currently Executive Director of the Brennan Center for Justice, Waldman is a nationally prominent public interest lawyer, government official, teacher, and writer. A Return to Common Sense has been hailed as a “call to arms, which everyone who cares about our democratic system should read, absorb, debate, and then use as a signpost for change” (Doris Kearns Goodwin). Please see, “A Return to Common Sense,” by Michael Waldman, Executive Director of the Brennan Center for Justice, Sourcebooks, Inc., June 2008.

http://www.brennancenter.org/content/resource/a_return_to_common_sense/

The Dilemma of Difficult People

We all know them: life’s difficult people. They take the wind out of your sail, and the easiest of tasks becomes overwhelming. Yet, as long as you work with the human race, they’ll be around. And you will be miserable, too, if you don’t learn how to deal with difficult people. Consultant Betsy Black shares seven pointers for handling such people, including observation of your reactions; objectivity, especially when it’s personal; and development of a strategy for dealing with the challenging individual. Be understanding, too. Something in a difficult person’s life makes them the way they are. It probably merits your compassion. Most of all, deal with the situation. Avoidance increases stress and contributes to a negative environment. You, and they, deserve more. Please see, “Ways to Deal With Difficult People,” by Betsy Black, New Hampshire Bar News, Feb. 8, 2008.

http://www.nhbar.org/publications/archives/display-news-issue.asp?id=4311

View From a Justice

It’s always intriguing to hear a United States Supreme Court Justice’s view on any topic, but the subject of judicial independence hits particularly close to home. Justice Ruth Bader Ginsburg reminds us that an independent judiciary is essential to the rule of law and, borrowing an analogy from Chief Justice William H. Rehnquist, likens a judge to a referee, who “calls it as he sees it, not as the home crowd wants him to call it.” Justice Ginsburg discusses recent threats to independence, and highlights the vocal – and often unpredictable – supporters of the courts. In the end, she reminds us that judicial independence is a gift to every citizen of this country. Please see, “Remarks on Judicial Independence,” by Ruth Bader Ginsburg, Court Review, Vol. 43:3, American Judges Association.

http://aja.ncsc.dni.us/courtrv/cr43-3/CR43-3Ginsburg.pdf

Risky Business

Being a judge carries certain inherent risks. People come before you at their worst and, regardless of the outcome of their experience, leave with emotions running high. Research shows that the probability of a judge being a victim of violent or threatening behavior is highest away from the courthouse. Even more, the presence of a threat is not an accurate indicator of danger, nor is its absence an accurate indicator of safety. So how do you protect yourself and your loved ones? There are three important steps to take: lower your visibility and get privacy protection; “harden” the target; and develop a survival and threat management plan. This article goes into detail about how to take these steps. Most of them are common sense, yet most judges have not put them into action. Please see, “Protecting the Homefront: The Importance of Personal Security and Judicial Privacy Protection Away From the Courthouse,” Judicial Family Institute (originally a California Court publication).

http://jfi.ncsconline.org/Security%20Articles/ProtectingTheHomefront.pdf

When It's Too Much

You are already aware that the rate of depression within the legal profession outpaces that of lay persons four to one. Combined with stress, the result can be catastrophic. For judges, the added factors of isolation and frequent loneliness only contribute to the mix. Rick Pfeiffer shares the story of a City Court Judge who reached his breaking point. The condition with which the judge was later diagnosed – “vicarious trauma” – led him to commit “an egregious and unprecedented abuse of judicial power.” The judge’s story is surprisingly easy to identify with. It illustrates the fine line we all walk daily between achievement and overload, balance and breaking point. The judge’s courage in making his story public is commendable. Perhaps it will save you from a similar fate. Please see, “Broken Justice: What Happens When It Gets To Be Too Much?” by Rick Pfeiffer, Lawyers With Depression (orig. published by the Niagara Gazette, March 2008).

http://www.lawyerswithdepression.com/uploads/gazette.pdf

Making Marriage Work

Few marriages survive the divorce rate, and even fewer are characterized by truly happy relationships. If you have a spouse, the health of your marriage is critical to your quality of life. Attorney and therapist Thomas C. Fitzpatrick discusses the two major causes of divorce – unresolved resentment and lack of cultivation of the relationship – and what is necessary to the success of any marriage. He proposes gender-specific agendas for each spouse to promote satisfaction in a relationship. And, for those in the legal profession, Fitzpatrick suggests leaving certain professional skills at the office: logic, reason, and the need to defeat and prevail. Instead, arrive home daily with the intent to strengthen your marriage. Please see, “Making Marriage Work,” by Thomas C. Fitzpatrick, Michigan Bar Journal, May 2008.

http://www.michbar.org/journal/pdf/pdf4article1354.pdf