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August 15, 2008

 

Isolation in the Judicial Career
Isaiah M. Zimmerman, Washington, D.C.

Excerpts reprinted by permission of the author and the American Judges’ Association, Judge Gerald T. Elliott, Former President. Thanks to JFI board member Barbara George for pointing out the following article appearing in Court Review, Winter 2000 edited by Judge Steve Leben
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"Before becoming a judge, I had no idea or warning, of how isolating it would be." "Except with very close, old friends, you cannot relax socially." "Judging is the most isolating and lonely of callings." "The isolation is gradual. Most of your friends are lawyers, and you can't carry on with them as before." "When you become a judge, you lose your first name!" "It was the isolation that I was not prepared for." "After all of these years on the bench, the isolation is my major disappointment." "The Chief Judge warned me: 'You're entering a monastery when you join this circuit.'" "I live and work in a space capsule alone with stacks of paper." "Your circle of friends certainly becomes much smaller." "Once you get on the appellate bench, you become anonymous."

These are the voices of state and federal judges. They are culled from twenty years of notes taken from my work with the judiciary as a consultant or as a psychotherapist. They are spontaneous, and not in response to any leading question regarding isolation.

Joint Effect of Code and Caseload

What is going on here? Why did approximately 70% of the judges interviewed come up with this observation on their own? When asked, most cited the combined effect of a crushing workload plus the restrictions imposed by the Code of Judicial Conduct. Indeed, the average judge, in my experience, brings work home on many evenings and weekends and lives with a constant tension of being behind in his caseload. Time for friends and family, recreation, and cultural pursuits is severely limited, and is constantly weighed against the demands of the court.
Some innovate. A federal trial judge told me, "On occasional weekends, my wife and kids come to my chambers. They play. I work. We get pizza or Chinese delivered, and time passes better than being separated." Another couple, both of whom are state trial judges report, "We work late in the courthouse every week day. But on the weekends, we see no one…and absolutely bring no legal work home.

As to the effect of the Code, judges report that it is more the "appearance" requirement that poses the biggest burden. They have to be vigilant and maintain an appropriate distance and demeanor at social and bar gatherings. Jokes and offhand remarks can backfire, especially in smaller communities. The immediate family is also drawn into the ambiguous image and behavior restrictions. …
Chief justices and presiding judges often exhort their colleagues to become more involved in their communities in permissible ways. But some colleagues object. A federal judge expressed it to me this way: "I would like to contribute more. But, with the little time I have left, I feel it first should go to my family and then to my own time: to read, stay fit, and listen to some music." Another judge added, "You gradually lose your original group of friends, and you have no time or energy to make new ones. Discretionary time goes down to zero. With all the ethical restrictions that are obviously necessary, who has time to go out and break new ground?"

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