Each week, the Law.com Barometer newsletter, powered by the ALM Global Newsroom and Legalweek, brings you the trends, disruptions, and shifts our reporters and editors are tracking through coverage spanning every beat and region across the ALM Global Newsroom. The micro-topic coverage will not only help you navigate the changing legal landscape but also prepare you to discuss these shifts with thousands of legal leaders at Legalweek 2023, taking place March 20-23, 2023 in New York City. Registration is now open. Secure your ticket today. The Shift: Judges Take Action on Mental Health After Pandemic
While sitting in on an interview for an open editing position, I once listened to a candidate shout out their therapist while answering a question about responding to conflict and feedback. As a millennial who knows most of my friends’ therapists by their first names, I was unfazed.
So now, as some judges are demanding more resources to address their overall health after a pandemic piled on more stressors and case backlogs, I suspect many younger legal professionals might also meet their call to action with a similar matter-of-fact support.
In California, state judges will be able to retire early without missing out on a pension under a recently passed law. Could more reforms focused on ensuring a healthy pool of jurists be underway after the stress of a global health crisis, generations of work toward destigmatizing mental health and the influx of a new generation of legal professionals? |
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The Conversation Sitting on a judicial bench is not an easy gig during the best of times. During the pandemic, some judges found themselves even more stretched. Alvin Wong of Georgia’s DeKalb County State Court said during a recent panel on mental health and well-being, “This is something we haven’t talked about much at all, and it’s about time we did.” Wong noted it was really easy to overschedule during the pandemic with the use of technology. “You can do so much, and you’re always working,” he said. “It’s really important to not schedule so much. It’s also important to not schedule things that will go too late in the day.” It’s not just the work hours that can strain jurists’ health, but also the necessary reclusion involved with the job. “No one says once you get the judgeship, this is what you should know,” said Associate Judge Shirley Troutman for the New York Court of Appeals, during a recent Law.com diversity roundtable discussion. “You’re not necessarily prepared for isolation,” Troutman said. “There needs to be a course taught about what it actually means to be a judge, not just getting the position. People aren’t prepared that you just can’t trust anyone. You give up your First Amendment rights. People aren’t prepared for that.” Older male judges might be particularly affected by this aspect of serving on the bench, according to Judge Matthew McCord of Georgia’s Stockbridge Municipal Court. “I find that men and judges in particular become more isolated the older they get,” McCord said. “Personally, I have a list of 10 guys. They’ve been friends for most of my life and they get a phone call from me once a week. And I say basically, ‘just want you to know that I’m thinking about you, and I love you.’ And it’s hard the first time.” |
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The Significance California’s new law means that judges don’t have to log 20 years of service and turn 65 years old before they qualify for their full defined-benefit pension, or 70 years old with at least five years of service to become fully vested into the system. Starting in 2024, judges who turn 65 can receive a smaller pension based on the number of years they “retired early.” If they wait a certain amount of time after turning 65 depending on how early they are leaving the bench, they can also receive full benefits. In California’s Third District Court of Appeal, Justice William Murray Jr. retired earlier this year at age 65. Murray said it was “the earliest opportunity” available under the judges’ retirement system. He told court staff he had suffered two strokes, and research compiled by appellate attorney Jon Eisenberg noted that his processing of outstanding cases had slowed. Yolo County Superior Court Judge David Rosenberg, who is also president of the California Judges Association, said they’ve heard from judges who have health issues. “They’re not disabled but they’re not healthy,” Rosenberg said. “We do have judges that are suffering from burnout. We want judges to be at their best and not diminished in any way.” The Information
Want to know more? Here's what we've discovered in the ALM Global Newsroom: New Law to Offer Early Retirement Options for State Judges 'It's About Time We Talked About It': Georgia Judges Encourage Increased Emphasis on Mental Health, Wellness at Conference 'I Don't Know What Happened in the Third:' Chief Justice Launches Workgroup to Investigate Appellate Court Delays President Biden Declared End of Pandemic. Here's What Pennsylvania Judges, Court Administrators Said Law Firms Don't Need to Spend A Lot of Money to Prevent Burnout, Says Perkins Coie's Jennifer Bluestein Can Legal Tech Aid Mental Health? Attorneys Have Gotten More Skeptical Mental Health Improves for Women and Minority Lawyers, But Disparities Persist
The Forecast It’s possible the heightened conversation around judicial health could quiet down after courts return to more pre-pandemic operations. Commenting on courts’ rollback of COVID-19-related protocols, Idee Fox, president judge of the Philadelphia Court of Common Pleas, said, “I feel like if I say something good, I’ll jinx myself. But we have survived the past two years.” The greatest challenge the court faces now is the unknown, Fox added. Although reforms seeking to address judicial health could come in the form of legislative action on benefits such as retirement, it could also appear in less sweeping, more individualized changes. On the law firm side, Jennifer Bluestein, the chief talent officer for Perkins Coie, said, “It’s not about getting some new in-house therapist in. It’s about allowing people time and space to actually turn off work and focus on other things in their lives.” |
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