Dec. 16, 2009 – Judges are human beings too.
Judicial officers – judges, court commissioners, and other court officials serving in the judicial role – can have the same type of problems experienced by anyone: depression, drug or alcohol abuse, marital problems, financial problems, worries about health or the health of loved ones, said Sandra Grady, a circuit court commissioner assigned to family court for more than 20 years.
“No one wants to talk to a judge about impairment,” Grady said. “Family members may have a pattern of relying on the [judicial officer] as the smart powerful person who always knows what to do. Attorneys put their client’s prospects at risk by angering a [judicial officer] by telling him/her something unpleasant” about personal issues carried over to the bench.
“The only solution anyone points to is that the ‘public’ will remove those judges not performing up to par,” Grady said. “Well, the ‘public’ doesn’t usually know [of a problem] until there’s an arrest, or a big blowup. By then, a lot of damage has already been done.”
After offering confidential assistance to lawyers and their families for more than 15 years, the Wisconsin Lawyers Assistance Program (WisLAP) is extending its services to judicial officers and their family members. Grady, who is a volunteer for the program, stated, “WisLAP offers a chance to talk to someone who has no agenda or stake in the outcome, who can impartially listen, offer support in analyzing a problem and offer resources.”
Burdens of the office
In addition to the risk for substance abuse, depression, and mental health issues, La Crosse Circuit Court Judge Todd Bjerke named the potential for loneliness as a particular occupational hazard for judicial officers “as it could compound problems associated for those who may be prone to depression or alcohol abuse,” Bjerke stated.
Tim Vocke, a reserve judge and former circuit judge, agreed. “As an attorney, your friends also tend to be attorneys,” said Vocke. “When you get on the bench, attorneys seem to avoid you so that it does not appear that they are trying to influence you. In a small county, you go from having lots of friends to having few very suddenly, and it is disconcerting.”
Vocke added that a judge may feel burned out. “You do the same things over and over again; you give the same lectures to juveniles apparently without success. You see the same defendants back in court, and if you are on the bench long enough, you start to see defendant’s kids doing the same thing,” Vocke said.
Similarly, Vocke said a judge might be troubled by the realization that “you cannot change the world.” “You can’t even make people happy,” Vocke said. “For every satisfied ‘customer’ that leaves, you have at least one that is angry at you.”
Obstacles to seeking help
In addition to the problems particular to the office, a judge might resist seeking help for reasons unique to the job.
“Judicial officers are supposed to know how to end conflict and they do it by making an order,” Grady remarked. “It is not easy to accept that you can’t do for yourself what you do multiple times every day in other people’s lives.”
Bjerke and Grady also noted that judges may fear the publicity and embarrassment of appearing weak or unstable. “Judicial officers who have to run for reelection are worried that word of weakness may leak out and hurt their chances or encourage a challenger,” Grady said. “Judicial officers can be embarrassed by things, just like anyone else.”
Judges live and work in a culture that still holds on to its myths about mental illness or addiction being a problem of personal weakness versus a condition that can be effectively treated. “Legal professionals are often perceived as having either some authority which might be brought to bear if the judge or lawyer are confronted in any way about real problems, or thought to be more able than most to recognize and solve their own problems over time,” said Dunn Circuit Court Judge William C. Stewart Jr., whose background includes a 20-year career in rehabilitation, particularly mental health and alcohol and drug abuse.
How WisLAP can help
WisLAP has more then 130 trained judicial and attorney volunteers working with professional program staff to provide a prompt and confidential response. Supreme Court Rule 60.04 (3) and 20:8.3 place all interactions with WisLAP in strict confidence.
Calls are received by the program either through the 24/7 hotline, (800) 543-2625, or directly to Linda Albert, the WisLAP coordinator, (800) 444-9404, ext. 6172. Each call is evaluated professionally to determine what type of assistance may be most helpful. Volunteers and program staff are available to provide ongoing support and guidance. Legal professionals are encouraged to call the program simply for a consultation if they are unclear what to do. Whether a person seeks assistance for themselves or for a colleague or for a family member, they can count on complete confidentiality.
Some might say they do not have the time to spare to seek assistance, but Bjerke said that if a person really wants to address the problem, “time will be found.” In some cases, however, Vocke said a judge might have to take some time off. “Even outpatient counseling is going to add still more time to the officer’s already overbooked schedule,” he said.
“If we as judges are serious about our oath, our ethical responsibilities, and our duty to assist others, it simply is a priority that cannot be ignored, despite the fact that we might be ‘busy,’” Stewart said.
Concerned observers
If a judge is not recognizing a problem on his or her own, it is difficult for others to start a conversation. “It takes a very strong willed clerk or reporter to confront the boss about a problem,” said Vocke. “It is not going to happen. They may talk to others, but likely won’t talk to the judge.”
Given this tough spot, Vocke suggested a person concerned for the judge’s wellbeing contact WisLAP. Bjerke added that one might also try to speak with family members. All agreed the goal is to “do something.”
“Those who see these problems and choose to do nothing are simply exacerbating the problem and shirking their professional and human responsibilities,” Stewart said.
Unhappy endings? Maybe not
Judicial officers risk embarrassment, or worse, when they ignore problems.
“Poor performance, a big mistake that ends up in the papers, impact on your health, loss of respect of our colleagues – much more than if you acknowledge a problem and address it – [and] the negative impact on your family,” said Grady, listing some of the outcomes.
Vocke and Bjerke added that death could result from unaddressed issues.
Judicial volunteers encourage early intervention, which is linked to a better outcome.
“Some problems really cannot be solved,” Grady said. “Some marriages will end, some diseases will kill you, some debts will drive you into bankruptcy, but it is the rare situation where there aren’t some ways to make your life more tolerable while the problem exists.”
Alex De Grand is the legal writer for the State Bar of Wisconsin.
