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There is help available for judges in trouble
Roderick T. Kennedy
This is in response to Heath Haussamen’s Aug. 10 column, “The way to a better judiciary.”
The judicial branch has a few things available to try to help judges in trouble. The lawyer assistance program through the state bar that’s available to lawyers is also there to help judges with alcohol/substance problems and psychological difficulties. We’re told frequently and up front that if we have a problem we should take care of it. Such self-referral (and occasionally referrals from those around us are made, too) is treated confidentially, as is any counseling or other treatment that’s received, so long as a problem has not already gotten outside attention.
To the extent such problems or treatment might interfere with one’s judicial duties, leaves of absence to receive this sort of health care can be arranged. If related behavior has already occurred constituting misconduct in office, that’s a different matter.
Unfortunately, not every DWI is a priori the result of a problem with alcohol that’s of longer duration than the unfortunate day something happened. Some might just be a horrible mistake, and even judges can make those in their private lives. Getting a handle on one problem before it relates to another (the phenomenon of “alcohol-assisted getting caught problems” is real) is a true issue for any professional.
Granted, a DWI is something to look at as an indicator of a more broad problem (I used to supervise a large screening program for DWI offenders), but some offenders are one-timers. Those are hard to predict.
Another factor that I’ve seen contributing to latent problems suddenly becoming blatant is how hard many of us work to keep a grip on our professional lives to avoid mistakes of any sort there at the expense of personal well-being. We are all aware to a significant degree of the effect a bad personal decision or incident can have on our public lives. The difference between how a judge exists balancing personal and professional aspects of his/her life and a regular person can be pretty stark.
The degree of social isolation inherent to being a judge is significant. Between the work and personal lives, there’s a degree of compartmentalization that can make judges prone to ignore personal concerns to protect the professional side of their lives – putting more and more energy into hanging on at work while things at home slide (an issue common to many professions).
Kennedy is a judge on the New Mexico Court of Appeals.
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Some writing on the wall: Last week, Judge Mark Ciavarella was sentenced to 28 years in the federal pen, for trafficking children. He would have gotten a plea deal for only 7 years, but that was recinded due to his arrogant lack of remorse–NEXT!!!
Right on Dr. J.–and Heath, why do you censor so much material?
I’m sorry, this “piece” adds nothing to the issue, and suggests nothing of substance to solve it. Unfortunately, we have to rely on the courts and judges to police the courts and judges, anyone ever heard of the fox and the hen house? This system is broken and needs major review and restructuring, unfortunately left to judges like we have in NM, this will never happen.
Part of the problem is the increasingly nasty attitude of both the public and the press, that anyone with any kind of public presence is ‘fair game.’ They are crucified for having a humanly flawed private life.
Seems to me we are spinning round in never ending circles. The New Mexico Code of Judicial Conduct is found at nmjsc.org/docs/Code%20of%20Judicial%20Conduct.pdf What is most insightful in reading it is both what it contains and what it does not contain, compared to other states. If the New Mexico Judiciary is truly responsible, they should “clean their own house.” The New Mexico Supreme Court should write and enforce a code of conduct that would address the problems in Heath’s, 8/10/ 2100 “The Way to a Better Judiciary.” Judge Kennedy’s article brings out some pertinent problems. I would like to see these addresssed in the wording of the NM Code of Judicial Conduct, then uniformly enforced.
Thank you Judge Kennedy (aka New Mexico’s “Singing Judge) for an insightful commentary. These are stressful times for everyone and we need to help each other through them.
I wonder how the “compartmentalization” affects personal lives such that it drives one to more destructive behavior (.e.g, self-medication with booze).
Personally, I somewhat avoid “seeking help” for fear that it might negatively affect my long-term goals. I know people in the “help” field, and I don’t trust them. It is not because I distrust the profession, but it is because trusting people to not talk/judge/etc seems to be a stretch. People cause problems – professions do not.
I would think cynicism (such as my own) keeps many people from “seeking help.” Maybe that is something that speaks more to the profession of therapy than any public profession… However, I must acknowledge that my own thoughts don’t reflect anything scientific, but only reflect my own cynicism.
“Even in this day and age,” seeking counseling seems to be a sign of weakness. I’m young (25 in September), but still some-what fear that “seeing a shrink” will ruin my life.