Adjunct Professor Gerald Lebovits was interviewed by the New York Law Journal about his article “Judicial Wellness: The Ups and Downs of Sitting New York Judges,” which was featured as the cover story of the New York State Bar Association’s Journal in June.
Q: What prompted you to write an article for the state bar’s magazine about the personal struggles judges face?
A: I’ve been a judicial-association president for years—first for New York City’s 50 Housing Court judges, then for New York City’s 120 Civil Court judges, and now for New York State’s 300 acting Supreme Court justices. I care about judicial wellness because I care about judges. They’re great people. They’re my colleagues. They’re my friends. One’s my girlfriend. And working for the betterment of judges is the same as working for the betterment of the public to strengthen the rule of law. Someone who in some way helps but one judge can influence for the better dozens of cases. The New York State Bar Association’s Journal is the natural home for this piece. It has reach: more than 80,000 hard copies of each issue are mailed out, and then the Journal goes online on Westlaw, Lexis and elsewhere. I wanted to support it and its stellar staff. I’ve published something in every NYSBA Journal issue since July 2001. The state bar also organizes and funds the State Judicial Wellness Committee.
Q: Have you had any reaction or feedback from judges and lawyers who read the article?
A: I’m very grateful to these who have been kind enough not to tell how much they didn’t like it. But one email was from a New York judge who’s been a judge in recovery for more than 25 years. He or she emailed me to report that because of my article, he or she will soon travel the state helping alcohol- and chemically dependent judges.
Q: How were you made aware of this issue? Have judges shared their concerns with you?
A: I first heard about judicial wellness at a judges seminar my judicial association hosted about 10 years ago; I was a judge for nearly six years at that point. A man from the state bar’s Judicial Wellness Committee talked to us over lunch (at which alcohol was available for purchase) about alcohol- and chemically dependent lawyers and judges.
Judicial wellness is a taboo subject. Judges gripe among themselves about not having the tools to do their jobs—a lack of tools that affects judicial wellness. But it’s rare for judges to tell colleagues their personal problems. Perhaps it’s because some judges don’t have problems to speak of. Perhaps it’s because the judge will sort it out without needing to share what’s going one; judges are made of stern stuff. Perhaps it’s because some of us will discourage our colleagues from unburdening themselves; we don’t want to hear about another’s problems more than we must in court. And perhaps it’s because judges don’t want others know about or be affected by their problems; folks won’t trust them or their decisions if they confess to impairment.
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Q: What can lawyers do if they see a judge who they believe is having emotional difficulties on the bench?
A: The one thing in a lawyer’s control is the lawyer’s own behavior: Lawyers should represent their clients civilly, professionally, and with undivided loyalty, and spend less time worrying about the judge. But a lawyer who sees something real may contact the judge’s supervising or administrative judge; write to the Commission on Judicial Conduct if ethical issues arise; diplomatically protect the record for their clients; have the courage to bring an Article 78 proceeding to compel the judge to issue a late opinion; and get involved in judicial-appointment committees, electoral politics, and bar-association rating panels. A lawyer who is a true friend of the judge can speak to a trusted expert to learn how to stage a judicious intervention with the judge and the judge’s loved ones.