WORK/LIFE
Judicial Wellness
Even judges aren’t immune to the effects of stress and work-related vicarious trauma.
By Edward Spillane
Judges see members of our community every day at citizens’ lowest
points. In fact, defendants’ appearances in our courts often are due to
behavior crying out for help and desperation. Many times this behavior
is fueled, or at least mixed in with, substance abuse, depression, or
mental illness. After spending the entire New Year’s Eve reviewing blood
search warrant calls, I experienced at least secondarily individuals not
having their best night.
What is not often examined is the health of judges. How do judges deal
with stress? What happens when substance abuse or long-term depression
accompanies this stress? I have been working with the Texas Lawyers’
Assistance Program, or TLAP, to reach out to judges not only to inform
them about the confidential, anonymous help that is available but also
to communicate with judges about the stresses they face and how they can
deal with the secondary trauma of being on the bench. Often building
resilience to stress and learning how to handle it can make us all
better judges in the courtroom.
We know from various studies that lawyers are experiencing a high
level of depression, anxiety, and/or substance abuse. Also, younger
lawyers are more likely to suffer from or have experienced these
troubles.1
The American Bar Association has been working on surveying judges to
discover how stress is affecting our judiciary. Currently, very little
is known concerning judges and stress. The National Judicial College has
examined the issue of judges suffering from secondary and vicarious
trauma over what occurs in their courtrooms. Sixty-three percent of
judges reported symptoms of work-related vicarious
trauma.2
The National Center for State Courts now provides a judicial stress
resource guide at https://www.ncsc.org/Topics/Judicial-Officers/
Judicial-Stress/Resource-Guide.aspx.
Although not much is known about the depth and extent of stress that
judges experience, I have tried this year to talk to judges across the
state about building resilience. Judges report that there are various
barriers to seeking help. First, judges are supposed to be the pillar of
objective strength the community looks up to and relies on every day.
Showing any weakness implies that this strength is perhaps a facade.
Second, judges fear the stigma of seeking help, and in our
communities—where word travels fast—judges fear a loss of privacy or
actual repercussions professionally for seeking help. While the State
Bar of Texas’ TLAP program is confidential and offers peer support to
judges (attorney or non-attorney), judges either are not fully aware of
the program, question the confidentiality, or resign themselves to their
fear of talking to anyone outside of staff or close family. Third and
finally, I have heard judges tell me that “peer pressure” still exists
among judges and there is a sense that any display of weakness will
affect their standing in the legal or judicial community.
During my visits with judges, mostly at judicial seminars but also in
smaller groups attended as well by clerks, I have discussed strategies
to build resilience and cope with stress. We’ve talked about the
bountiful research on optimism and gratitude—the simple act of thinking
and talking about positive aspects of one’s practice and life can make
us feel better.
Judges and clerks independently and together report to me that the
connections they share with the public actually make their work
meaningful and provide them with the most happiness. Even though we
often face a lot of stress and witness individuals not at their best
moments in life, this human connection enhances the workday, makes time
pass more quickly, and provides a sense of purpose and meaning.
Finally, judges and court personnel can use mindfulness as a tool to
better focus on what is actually happening in front of them. At the 2018
annual meeting of the National Association for Court Management, the
theme was employing mindfulness in our courts. Mindfulness involves
examining what is happening in the present without judgment. Working on
being a mindful listener allows judges to gain insight into what people
in the courtroom are actually saying to them and can strengthen their
ability to apply the law in a more thoughtful and less impulsive manner.
Practicing mindfulness is an incredible way to deal with the constant
flow of stress that often fills our courtrooms. Taking a few minutes
each day to just empty our mind and focus on our breath can do wonders
in terms of calming us and allowing us to better do our work. Sometimes
we are so surrounded with stress and balancing an avalanche of tasks
(with our smartphones only increasing those problems), the state of
stress becomes our new normal even outside of work. Mindfulness can
allow us to return to a sense of calm and gain insight into what is
actually occurring in the present.
A quote commonly attributed to Mark Twain states: “I’ve been through
some terrible things in life; some of them happened.” Our thoughts often
shift us from the present moment. They can create an impulsive response
that pushes us to make bad decisions and have an unrealistic
perspective. Some judges have found that by slowing down, concentrating
on their breath, and proceeding forward, they can handle better the
times when, as U.S. Supreme Court Justice Stephen Breyer has stated,
“the practice of law is like attempting to drink water from a fire
hose.” Embracing the present is not only a worthwhile goal but also
makes the world a better place.
TLAP is available 24/7 and is confidential by statute. For assistance,
call (800) 343-8527 (TLAP). The ABA also sponsors a national helpline
for Judges Helping Judges at (800) 219-6474. Judges need to reach out
and call someone when they need help. The State Bar of Texas is taking
positive steps to make them aware of this help and also how to become
even better jurists.TBJ
EDWARD SPILLANE
is the judicial liaison for the State Bar’s Texas Lawyers’ Assistance
Program and the presiding municipal court judge of College Station. He
received his undergraduate degree in English from Harvard University and
law degree from the University of Chicago. Spillane also is a member of
the Texas Judicial Council and is on the Federal Task Force on Fines,
Fees, and Bail Practices.
