Decades ago, when I was a baby lawyer, I thought that I wanted to be a judge. Judges ran courtrooms, or the clerks did. The judge was almost always a white male (female judges hadn’t really cracked the judicial glass ceiling, let alone had a person of color). He belonged to the right, white clubs, could leave early for a tee time if all the cases had either been settled, trialed, or off calendar. A judicial appointment was the cherry on top of a legal career.

Remember when being a judge was something to aspire to? To work hard, be recognized for that hard work and superior ethics and be awarded a judgeship where you then made less than associates at a law firm? However, the prestige, respect, and encomiums helped to bridge that financial gap. You were no longer an attorney but a judge, deciding cases, settling disputes, and presiding over jury trials. That black robe signified a number of milestones, and being called “Your Honor” never hurt. You were respected by your peers and the larger community.

Today, do you think that being a judge is still something you want to do? Impressing the right peeps, building the right CV, garnering favorable comments from attorneys on both sides of the aisle? Being a judge has always been hard work, but in these times, is the juice worth the squeeze?

It’s not an idle question, given the ever-increasing attacks (verbal, threatened physical, and real physical). Are you willing to put yourself potentially in harm’s way to uphold the rule of law and the Constitution?

District Court Judge Thomas Cullen, in a lengthy dissenting opinion and a Trump appointee, minced no words in his defense of judges. Thanks to David Lat at Original Jurisdiction for pointing out Cullen’s disgust with the way things are.

“[O]ver the past several months, principal officers of the Executive (and their spokespersons) have described federal district judges across the country as “left-wing,” “liberal,” “activists,” “radical,” “politically minded,” “rogue,” “unhinged,” “outrageous, overzealous, [and] unconstitutional,” “[c]rooked,” and worse. Although some tension between the coordinate branches of government is a hallmark of our constitutional system, this concerted effort by the Executive to smear and impugn individual judges who rule against it is both unprecedented and unfortunate.”

Sure, attorneys criticize judges for their rulings; that’s par for the course when you lose. However, Attorney General Pam Bondi has decided, or rather derided, Chief Justice John Roberts for what she considers his failings.

Slings and arrows go with being a judge. If you doubt that, then check out the website The Robing Room. No shortage of slings and arrows there. Obviously some of the comments are by petulant sore losers, but it’s hard to believe that every single comment was dumped there by ingrates. Some judges are rightly called out for their ineptness, their lack of judicial temperament and other qualities needed on the bench.

However in today’s politically charged environment, does anyone still want to be a judge? Why? Several examples should give lawyers pause:

In 2020, Esther Salas, a federal district judge in New Jersey, survived an assault in her home, but her son was not so lucky. A man posing as a delivery driver opened fire, killing Daniel, her only child, and wounding her husband. Her efforts and those of others resulted in the passage of The Daniel Anderl Judicial Security and Privacy Act.

Unfortunately that was no one-off. Chicago 2005: a disgruntled loser in a malpractice case shot the mother and husband of the federal district judge who had presided over the case.

Just a few examples. There are others out there. Judges must be circumspect in responding to criticism, if at all. At this point in our history, judges are not revered, they are reviled, especially if they don’t agree with the administration’s view of what the law is in any particular case. Are judges who have the temerity to disagree with the current administration a dying breed?

Growing up if I showed a lack of respect to my elders, I paid a price for that disrespect. Whether it was being grounded or some other consequence, I learned the hard way to treat people with the respect they deserved, regardless of philosophy. Maybe every judicial officer should have a bottle of liquid soap on the bailiff’s desk to use in times of disrespect. What has happened to polite and ethical conduct? Whoops, I forgot, that conduct is now modeled in 47’s image.

Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.

The post Do You REALLY Want To Be A Judge? appeared first on Above the Law.

“[O]ver the past several months, principal officers of the Executive (and their spokespersons) have described federal district judges across the country as “left-wing,” “liberal,” “activists,” “radical,” “politically minded,” “rogue,” “unhinged,” “outrageous, overzealous, [and] unconstitutional,” “[c]rooked,” and worse. Although some tension between the coordinate branches of government is a hallmark of our constitutional system, this concerted effort by the Executive to smear and impugn individual judges who rule against it is both unprecedented and unfortunate.”

However in today’s politically charged environment, does anyone still want to be a judge? Why? Several examples should give lawyers pause:

Unfortunately that was no one-off. Chicago 2005: a disgruntled loser in a malpractice case shot the mother and husband of the federal district judge who had presided over the case.

The post Do You REALLY Want To Be A Judge? appeared first on Above the Law.