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The Human Element of Being a Judge
(An Interactive, Informational Presentation to Community Groups)
Purpose: To convey the humanity of the court
Materials: Copies of one day's court docket
Ease of Presentation: Preparation requires selection of personal experiences. Presentation involves off-the-cuff discussion. Can evolve to last entire length of presentation.
The Human Element of Being a Judge
This presentation was developed by a Colorado judge, Linda Palmieri. She describes the presentation and its rationale as follows:
To many people, a judge is a somber, black-robed individual. Because a judge must be impartial, he or she often comes across as impersonal, humorless, even grim. Bringing to the forefront the human being within the black robe can be an informative and entertaining topic for a presentation.
People are apt to have a very wide division of opinion about judges. To some, judges are ogres. To others, we are bleeding hearts. Some say we ignore public opinion, others that we kowtow to public opinion. Are we lazy or are we slavedrivers? This presentation is designed to answer the question, WHO ARE WE ANYWAY?
This presentation is a vehicle for instruction and enlightenment. It requires a sense of humor, honesty, and the ability to think fast on your feet. Sometimes you just have to answer "I don't know," but always follow that up by asking for the questioner's card or contact information and promising to get back to him/her with the answer.
You can tailor this according to your personal style, experience, and audience. You must believe that you will not do most of the talking. Once you "fire up" your audience, the questions will fly. (They will follow you to the elevator.)
Begin with an overhead, and put it up before you say one word. It is a statement made by Justice Sandra Day O'Connor a few years ago:
"The court is not the post office. It is the common thread that holds the social fabric of this country together."
Next tell the group something personal about yourself. (It helps if it's humorous. The whole purpose of the presentation is to expose a judge's humanity.)
Tell them they can interrupt at any time to ask questions (this makes it more their learning experience than your teaching credit) and then proceed to cover three categories:
1. Challenges
2. Demands
3. Gifts
You must do all three. It's juggling act.
Although each judge's experience is different, some common ground exists. Judge Palmieri offers the following examples in each category. Use them to trigger your own listmaking. The presentation is necessarily anecdotal.
Challenges
- Who wants to be in court? (No one I know.)
- Docket crunch
- "Sound-bite" criticism in electronic media
- Headline-grabbing cases
- Frustration with certain kinds of cases because there is just so much a judge can do.
Demands
- Erasure of bias (Don't talk about race or gender. Talk about people with green hair, pierced noses, cross-dressers, and about how important it is for them to get the same kind of justice more conventional-looking litigants do.)
- Keeping up with the law
- Stamina
- Creativity
- Compassion/Toughness/Fairness All AT ONCE
Gifts
They are innumerable
- Status in the community
- Education (As Judge Palmieri puts it, "If I had not become a judge would I ever have learned the proper and improper ways to:
Store bull semen?
Repair a roof?
Do a root canal?)
- Gratitude/Personal Growth (The perspective one achieves immediately after uttering the words "There, but for the grace of God.....")
- Hope
- Humor
We all have these stories. The unbelievable malaprops and non sequiturs that have caused us to literally bite our tongues to keep from guffawing. One of my favorites (from a pro se litigant):
"Objection, Judge!"
The Court: "Grounds?"
Litigant: "It's superfluicious." (He was right.)
This activity developed by Linda Palmieri, a Colorado judge. It is adapted from the ABA's Guide to Educating the Public About the Courts.
Lawyers & Judges | Judges' Chambers
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