How Judges Can Respond to Secondary Traumatization

Let’s start with the problem. Aside from time pressures and workload, what are some of the frequent stressors judges are faced with when handling court cases? Judges hear traumatic stories of crimes, violence, domestic violence, child abuse and neglect, sexual abuse, kidnapping, serious injuries, and deaths. They see pictures of those crimes and the people who have been harmed. They are exposed to the worst impulses, behaviors, and beliefs in people and see the effects on the most vulnerable among us. Hearing and seeing the traumatic events experienced by others can lead to secondary traumatic stress.

Secondary traumatic stress (STS) represents the emotional duress that results when an individual hears about the firsthand trauma experiences of another. Its symptoms mimic those of post-traumatic stress disorder (PTSD). Unfortunately, judges and court staff are not able to unhear or unsee the things experienced in the courtroom. In addition, the traumatic events that are hard to forget, often enter our thoughts and even dreams. Secondary traumatization is a normal response to an abnormal level of exposure to traumatic events. The following can be risk factors: personal history of trauma or something related to the case, overidentification with court participants, empathic style, insufficient recovery time between trauma exposures, reactive to children’s vulnerability, isolation at work, and lack of systemic resources.

All kinds of symptoms that can be attributed to STS: numbness, anxiety, depression, increased substance use, irritability, anger, hypervigilance and insomnia. Those impacted by STS may experience worsening eating habits (overeating, junk food), ruminative thinking, fears for their own safety and that of loved ones and feeling cut off from or distrustful of others. Remember that it is not unusual to experience one or more of these symptoms from time to time. Normally, these periods do not last more than two weeks.

We may be preaching to the choir, telling you things you likely already know or have experienced, but it is important to link some data to what we may already intuitively know.

In October, 2017, nearly 800 judges participated in a National Judicial College survey. They were asked “Have you suffered secondary traumatic stress from being a judge?” Of the respondents, 45% answered yes. Likely that number would be much higher today. The main study found that out of 105 judges, (54% male and 46% female) 81% had criminal court duties, 54% had domestic court duties, and 30% had juvenile court duties. Of those 105 judges, 63% reported one or more symptoms of STS. Female judges reported more internalizing symptoms and judges with more than six years of experience were more likely to report more externalizing/hostile symptoms.

What can we do about it? Conduct periodic self-assessments and/or use evidence-based assessment instruments such as the Professional Quality of Life Scale or the Secondary Traumatic Stress Scale. The best self-assessment evaluators tend to be your spouse/partner. Close family members and close friends can also help. Ask them if you have changed/if you show signs of STS. Ret. Judge John Grinsteiner noticed changes in himself, which he confirmed with his wife and golfing partners, after a particularly gruesome murder trial over which he presided. Judge Grinsteiner reflects, “the pictures were awful and there were a couple of images that I just could not get out of my mind, even several weeks after the trial. After figuring out that the changes in myself and STS signs might be connected to that trial, I knew I needed to find a way to process and deal with the thoughts and feelings that followed.”

After assessing and identifying STS factors that are negatively affecting a person, finding healthy and productive interventions is the next step. Some things that can help is to engage or re-engage your support network, re-balance work and life, and reduce exposure to work-related and trauma-related books, movies, internet content, and news. We all have things that soothe us. Maybe it is a good workout, reading a good book at the coffee shop, taking a vacation or simply being outside in the sunshine. Whatever healthy outlet works for you is the prescription. Remember that you cannot pour from an empty cup. Charging your own battery is vital.

While that may sound simple, it is not. There are obstacles to judicial self-care. Neither secondary traumatization nor self-care are taught in many law schools. Judges are reluctant to admit to their own suffering and judges may feel they need to be perfect role models. Judges are reluctant to engage in lawyer assistance programs because they may know other participants including lawyers who come before them In addition, there is the very real judicial isolation that is seldom talked about nor realized until it is experienced.

What can you do? Develop a self-care action plan. Identify your triggers and how you will handle them. Plan how you will leave work at work and set aside at least one hour daily for self-care. What gives you joy? What gives you meaning? Lastly, recognize when you may need outside help and don’t be afraid or embarrassed to ask for it. Seek consultation from a peer. Use the employee assistance program or other state assistance programs, such as for attorneys. Get professional help if necessary. Finally, do not forget that your court reporter/recorder, clerk, and other staff hear and see the same things. Check in with them as well and give them the same encouragement as we suggest in this discussion.

We have a duty to the people who come before us, our colleagues, our loved ones, as well as to ourselves, not to be damaged by the work we do. We wish peace in your hearts!

Some helpful resources include:

1. Trauma Stewardship: An Everyday Guide to Caring for Self While Caring for Others by Laura van Dernoot Lipsky.
2. Transforming the Pain: A Workbook on Vicarious Traumatization by Karen Saakvitne and Laurie Pearlman
3. The Resilient Practitioner: Burnout and Compassion Fatigue Prevention and Self-Care Strategies for the Helping Professions, 3rd Edition by Thomas Skovholt and Michelle Trotter-Mathison.