People expect a lot from judges, and such an expectation would be correct as we judges make decisions that can have far-reaching effects on the specific people and organizations who appear in our courtrooms and on society in general. Because of the role we perform, judging is necessarily a demanding task on the mind, requiring a mastery over both our cognitive abilities and emotional well-being. We need to “stay sharp,” and this need also underlies our concept of judicial ethics and our profession’s need to maintain a high standard of conduct so that the public continues to put its trust in us. Just look at Canon 2 of the Model Judicial Code of Conduct: “A judge shall perform the duties of judicial office impartially, competently, and diligently.” This canon, and the rules that pertain to it, requires judges to not only be impartial, fair, competent, and diligent in any decision that is made, but to also maintain order while being patient, dignified, and courteous; ensure everyone with a legal interest in a proceeding is heard; and avoid manifesting bias or prejudice by words or conduct – a high standard indeed. Realistically, these requirements can only be met if we take time in our daily lives to focus on managing the occupational stresses that are inherent in our profession and develop tools to support our mental and emotional health and wellness.
July 30, 2024 Judicial Division
How Mindfulness Supports Judicial Ethics
Hon. W. Kearse McGill
For over 35 years, mindfulness training has been one tool offered to address the occupational stresses that judges face. A straight-forward definition of mindfulness comes from the Merriam-Webster Dictionary: “the practice of maintaining a nonjudgmental state of heightened or complete awareness of one's thoughts, emotions, or experiences on a moment-to- moment basis.” Much has been written about the benefits that judges can obtain by practicing mindfulness, but, beyond acknowledging generally the benefits of this practice, can we recognize a connection between mindfulness and the requirements of judicial ethics as noted above?
Further, could mindfulness bring an added dimension to a judge’s thinking and enhance the quality of one’s work, and thus support the goals of judicial ethics? Consider four ways that practicing mindfulness can be viewed as supporting judicial ethics:
- Preserving Impartiality: Impartiality is the cornerstone of judicial ethics and also essential for a judge’s duty to ensure due process. A judge is required to be neutral and make decisions without personal bias or external pressures. Practicing mindfulness can help judges preserve and maintain this all-important criterion. When focusing in the present and objectively observing one’s thoughts and emotions, a judge can become aware of biases and preconceptions, avoid reacting emotionally, and, most importantly, approach the situation with a focus only on the law and the facts that are established in the record. Such actions uphold the principle of impartiality, thus leading to better judgments and the public’s respect for them.
- Improving Decision-Making: Mindfulness can lead to better decision-making by heightening a judge’s cognitive functions, which include attention, memory, and executive functioning. Judges who practice mindfulness have an enhanced ability to focus on the details of a case, avoid distractions that can diminish perceptions, and think critically about the issues, thus leading to more informed conclusions. Additionally, mindfulness encourages a reflective approach to decision-making, which can be otherwise inhibited in stressful situations. Reflection can allow judges to carefully take the time and consider the evidence and arguments by the parties,along with the broader implications of their decisions, rather than acting instinctively and relying on unchecked assumptions.
- Fostering Compassion: Judges are not computers that efficiently and dispassionately apply law to the facts. On the contrary, a judge, who understands the human aspects of the case, is vital to delivering justice. Practicing mindfulness can help judges develop greater compassion by allowing them to be fully engaged with others, along with their experiences and emotions, and ultimately leading to more nuanced and equitable decisions. Furthermore, compassion can foster a sense of respect and dignity for all participants in a courtroom. This understanding can promote the public perception of fairness and trust in the judicial process, which is foundational to the legitimacy of the justice system.
- Reducing Bias: Chronic stress can increase susceptibility to biases. Mindfulness practices have been shown to be a helpful strategy to mitigate stress, which can, in turn, reduce implicit biases—automatic and often unconscious associations or attitudes towards particular groups. By practicing mindfulness techniques, judges can reduce the influence of these biases in all aspects of judicial performance and ensure that judicial decisions are based only on the law and facts rather than preconceived ideas or superficial stereotypes.
Judges operate in a complex world, whether in a courtroom or in chambers, and even the most well-intentioned of us can inadvertently lapse in remembering our judicial duties. While perhaps many outstanding judges do not engage in mindfulness practices, recognizing the realities that we judges face as we move through our daily professional lives should help us to realize that we need all the tools we can muster to be successful. One of those for you could include mindfulness.