Welcome to the 2009 Winter Issue of The Judges' Journal. Members of the Judicial Division can browse any of the articles listed below or click here to download the complete issue. If you are not a member of the Judicial Division, please feel free to read the three complimentary articles below. Individuals interested in viewing archived and completed issues of The Judges' Journal may join the Judicial Division.

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Table of Contents

The Judges’ Journal
“The Art of Judging in the 21st Century”
Volume 48, Issue 1, Winter 2009

The Fiftieth Anniversary of the NCSTJ (for JD members only)
By Judge Sophia H. Hall
Judges of the twenty-first century must be ready to learn everything. In the words of H.G. Wells, “Adapt or perish, now as ever, is Nature’s inexorable imperative.”

“Crystal Ball with Rearview Mirror”: An Introduction to the Art of Judging in the Twenty-First Century (for JD members only)
By Judge William F. Dressel
In 1959, a “golden future” was envisioned for modern courts. In 2009, the golden future remains elusive. Though the means of addressing problems have evolved, the need for better solutions is increasingly urgent. Much progress has been made, however, thanks, in large part, to the NCSTJ.

In the Pursuit of Justice: Reflections on Changes in the Judicial Role after Three Decades as a State Court Judge  (for JD members only)
By Judge Sophia H. Hall
In my thirty years on the bench, I have learned that we must examine ourselves for bias so that we can act to head off charges of unfairness. We must be collaborative, bringing in those with specialized expertise to help make courts more effective. In so doing, we do justice. 

An Interview with Chief Judge Judith S. Kaye (Complimentary)
By Justice Patricia Timmons-Goodson
With this issue, The Judges’ Journal introduces a new, regularly occurring feature: an interview with an outstanding member of the judiciary. We are honored to inaugurate our new feature by interviewing New York State’s chief judge, who, after twenty-five years, is bringing her illustrious judicial career to a close.

Practical Tips for New Judges Making the Transition to the Bench (for JD members only)
By Judge Douglas S. Lavine
Congratulations! You are presented with a rare opportunity to serve your community. However, it will take time to adjust to your new status. You will be held to higher, more exacting standards. You will find your own path—but here are some practical suggestions to help you along the way.

Neuroscience and the Law: Cutting-Edge Issues for 21st Century Judges as Gatekeepers (for JD members only)
By Judge Stephanie Domitrovich and Dr. Mara L. Merlino
Neuroscience promises to unlock the contents of the three-pound organ we call the brain. Has that promise been fulfilled? Judges must increasingly be empowered to seek expert advice and training to help them understand the science in the “laboratories” of their courtrooms.

Fairness and Public Confidence in Sentencing: A Novel Approach (for JD members only)
By Stephen A. Gerst
In 2003 in Arizona, a driver struck and killed a pedestrian who ran in front of his car. The driver happened to be the bishop of the Archdiocese of Phoenix. In a quest for fairness and consistency in sentencing, the author analyzed information located in thousands of court case files.

A Jury Reform Pilot Project: The Michigan Experience (Complimentary)
By Judge William J. Caprathe
A trial judge who volunteered to participate in a jury reform pilot project describes the project’s most innovative measures, explains how they support meaningful juror participation, and concludes that such reform efforts can help preserve the right to a jury trial. 

A Black Robe and Healing Words: Constants in a Changing World (for JD members only)
By Sallie Thieme Sanford
The agitated patient had burned most of her back in a fire in the apartment where she lived alone. At a burn unit in Seattle, she adamantly refused the necessary surgery. She was deemed by her family to lack the capacity to decide. A judge ultimately ruled in her case—but he did much more than issue an order.

The Courtroom of the Present: The Bare Essentials for a Technologically Competent Courtroom (for JD members only)
By Judge Herbert B. Dixon Jr.
The future is now, and we need the technology for it. Courts have an obligation to encourage the use of basic kinds of modern technology because the resulting improvements in the quality and efficiency of trial presentations will improve the delivery of justice.

Judicial Ethics in the 21st Century (for JD members only)
By Marla N. Greenstein
If the original Canons are overly broad and aspirational, the new Codes offer excellent disciplinary standards but lack the subtlety and aspirational qualities of the originals. Ethics is an evolving discipline, and judicial ethics in the twenty-first century look very different from their beginnings.