For the AJA blog to grow and provide timely information to judges it cannot be just one person’s project or ideas. This blog started as an experiment on how to better serve American Judges Association members. We have been fortunate to have periodic commentary from Roger Hanson on court leadership and are pleased to add a second feature. Periodic commentary by Chuck Ericksen on judicial wellness.
JUDICIAL WELLNESS THOUGHTS FROM CHUCK ERICKSEN:
I am thrilled that Judge Kevin Burke asked me to contribute some thoughts on judicial wellness. After eight rewarding years at the National Center for State Courts where I got to know Judge Burke, I stepped away to pursue a doctorate in order to study leadership stress. Having been a judicial educator in Washington State, I was particularly interested in exploring stress and wellness in the domain of judges. I owe a great debt of gratitude to The Honorable Richard Jones of the U.S. District Court in Seattle for allowing me to spend several hours discussing his judicial career and in particular the experience of handling a high profile case (State v. Ridgway, 2001). My interest in judicial wellness is also drawn from the anecdotes, personal stories and concerns about the impact of judicial stress that judges have shared with me over the last twenty years. I hope over the next several months I can share some thoughts and ideas regarding judicial wellness that furthers a very important conversation.
Herbert Dunn (1977) first coined the term wellness to signify “an integrated method of functioning which is oriented to maximizing the potential of which an individual is capable, within the environment where he is functioning. It requires that the individual maintain a continuum of balance and purposeful direction within the environment where he is functioning.” Dunn’s work led to the recognition that a tremendous difference exists between a ‘health’ model and a wellness model. The fundamental essence of wellness is that health and dysfunction can be viewed on a continuum of human potential. A wellness continuum extends from low levels characterized by health robbing behaviors to higher levels of wellness characterized by personal responsibility for one’s health and a conscious commitment to growth and balance.
Health fields have traditionally focused on pathology and suffering rather than the causes of positive functioning. In my research, a positive approach focuses on why judges and other leaders demonstrate resiliency despite significant stress. From this perspective it seeks to identify the forces that promote resiliency and influence an individual positively.
I touched down in Kabul just a few days ago to participate in a USAID Rule of Law project. Arriving at the airport, I was met by a security detail that transported me by armored vehicle through a surreal landscape of security, wreckage and concrete barricades to the compound where I will spend the next thirty days. Seems like the perfect place to reflect upon stress and resiliency.
Notwithstanding the limited number of studies addressing judicial stress, research indicates that trial court judges experience high levels of stress and exhibit strain in various forms such as expressing annoyance to lawyers and litigants, having trouble making decisions, experiencing difficulty concentrating and burnout. Ultimately, the manifestation of stress in the form of strain has significant consequences for both the individual judge and the judicial system by way of reduced efficiency, interpersonal conflicts, lack of engagement, physical and mental health concerns and negative behaviors that may lead to ethical violations.
The concept of human resilience has received considerable attention in recent years in the psychological literature. In one study, resilience is defined as “the capacity to rebound from adversity strengthened and more resourceful. It is an active process of endurance, self-righting, and growth in response to crisis and challenge” (Walsh, 1998b, p. 4). In my short time here in Afghanistan, I have seen a tremendous amount of resiliency. There is much to learn from those who have survived the crucibles of life and emerged stronger. More to come…
Chuck A. Ericksen, Ed.D.
blog.amjudges.org 
Chuck: Even here in the Heartland of the US, by all accounts a relatively peaceful place far from the stresses of Kabul, judges experience stress from sources we do not anticipate and express it in ways we may not recognize. But we don’t have, or take, a lot of time to analyze the causes and/or effects; we are quite busy enough with jury trials and case management, etc. but this is an important topic because it does affect us all. So Chuck, thank you for the effort but please do not get too scholarly on us, keep it as practical as possible, in terms of our day to day judging. If it gets too heavy or too we may not have the time let alone inclination to understand and see how it applies to ourselves. Have fun in Kabul, and stay safe!
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