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WASHINGTON (AP) - By title, job description, the
solemnity of the black robe, the authority of the gavel, judges are
cast as figures a step beyond everyday behavior. But they
aren't immune from job stress that can build to the point of angry
outbursts from the bench.
"Bench stress," the American Bar Association Journal
calls it in an account suggesting a growing recognition of the
problem and the need to redress it when it
happens.
The marathon trial and acquittal of O.J. Simpson have
put a focus on what's happening in American courtrooms.
Compared with conduct described in the ABA study, Judge Lance Ito
was a judicial saint.
In the study, Pamela Coyle tells of an angry
Philadelphia judge who threw a glass of water at a lawyer and one in
Louisiana who told a witness that in his courtroom he was
God.
A Long Island judge sent unsigned letters and faxes
ridiculing and at times threatening an attorney with whom he'd had
political differences.
With confidence in the judicial system shaken even
before the Simpson trial, conduct described as "black robe fever" by
the president of the National Judicial College in Reno, Nev., can
only worsen the problem.
"This whole area of demeanor is so important, "Judge
V. Robert Payani told Coyle. "There is a growing recognition
by the judiciary that if we are going to improve the image of
justice... one group of major players is going to have to be
judges."
Another may be a growing movement to watch the way
judges act, and to open lines for complaints about their conduct,
with people who are neither lawyers nor judges playing an increasing
role.
While the number of formal complaints has been
growing, there still are relatively few, in part because lawyers and
the people they represent are wary of retaliation from the bench,
Coyle reports in the ABA Journal. She is a reporter for the
New Orleans Times-Pacayune, and was a fellow in legal journalism at
Yale University.
There was a 40 -percent increase in the number of
complaints lodged against federal judges between 1990 and 1993, with
a similar trend in the states. At least 90 percent of the
complaints ultimately are dismissed, as unfounded or due to the
difficulty of differentiating between cases in which the losing side
is griping and those in which there really has been injudicious
conduct.
With caseloads increasing while staffs are not, there
can be extra pressure on judges. The stress is heightened by
the fact that they are always on duty, their words recorded, conduct
and even moods closely observed.
"The trappings of judgeship can add to the mix.
A few people think 'your honor' means them, rather than their
office," Payani observed.
There is a reverse side to all this. "There are
judges who behave impeccably in the courtroom and issue dreadful
decisions," said Lynn Hecht Schafran of the NOW Legal Defense and
Education Fund in New York.
In another appraisal of courtroom conduct and
confidence, an academic adviser to the American Enterprise Institute
suggests that American judges ought to have more authority.
James Q. Qilson of the University of California, Los Angeles,
suggests the English model as an answer, saying judges there have
retained control over their courtrooms while many U.S. Judges have
lost it.
English judges select jurors, often question
witnesses, and summarize and evaluate evidence, Wilson said.
"American judges typically let the lawyers choose the jurors and do
all of the talking.
He said American criminal trials should be simpler
and less adversarial, not "lengthy, lawyer-dominated soap operas" in
which the search for truth has been subordinated to the manipulation
of procedures".
In contrast to the English system in which a
prosecutor in one case can represent the defense in the next,
high-profile American trials have become "mortal combat" between
prosecutors and defense attorneys whose roles do not
change.
"The rewards can be great," Wilson writes, "votes,
money, prestige and book contracts."
Much of that was on display during and after the
nine-month spectacle of the Simpson trial. And it has at least
raised the level of discussion and the exchange of ideas on the
long-building problem of confidence in the
courts. |