Manhattan Supreme Court Justice Emily Jane Goodman, who recently went public about Judge Judy Kaye’s dropping the ball on judicial pay raises, has written about what life as a judge has really been like over at Judicial Reports.

Most striking about Judge Goodman’s essay is the isolation she feels, the palpable loneliness of life on the bench.  While most of us think of the collegiality amongst judges, based upon stories of appellate court conferences, the life of a trial judge can be quite solitary.

Having been around the courthouse for a while, and thus knowing some of the judges from before, I’ve heard similar stories many times.  Some judges, unlike Judge Goodman, fraternize a bit more with the lawyers.  Sometimes at the bar at Forlinis (the Italian restaurant behind the courthouse) and sometimes in the real world, away from the courts altogether.

But still, there’s usually a certain distance that the judges maintain, keeping the talk more superficial than would happen with real human beings.  It’s hard to say why judges, all being in the same relative boat, don’t connect with one another more than Judge Goodman suggests.  I can understand why a busy judge doesn’t have the time or reason to stroll from courtroom to courtroom, seeking out buddies with whom to share their tales of woe.  But after work?  I know of a few Supremes in the Bronx, who came out of the same legal aid class back in the days when defense lawyers became judges, who still retain a level of camaraderie.

To a large extent, the problem is due to us lawyers treating judges as something other than human beings.  Granted, a lot of judges put us in that position, by either chastising us for not showing the demonstrable level of respect and distance they think the deserve and require, or by treating lawyers as sub-humans and creating that divide that we would prefer not to cross.  With a lot of judges that I knew from before, I speak to them in a more normal tone when at the bench, asking about their families and how they’re doing.  Sometimes I’ll refer to old times when funny things happen, to remind them that we’re still people, just doing different jobs.

All of this depends on attitude, of course.  In my experience, judges who are secure in their roles have no issue with a little more informality, provided that it’s done discretely and doesn’t detract from their ability to perform their job.  Of course, I would never put them in a position that would be potentially embarrassing, and thereby force them to shut me down or shut me up.  If I did, I would deserve whatever they did to me.  But the very fact that I have to think about this maintains the divide, and the isolation, that judges endure.

Also interesting about Judge Goodman’s thoughts is the perceived lack of appreciation.  There’s little cash and no cachet.  Well, that sure makes the job seem appetizing.  There’s quite a few judges out there who should have considered that line before they dedicated their lives to getting elected.  After the glory of an election victory wears off, was it worth it?  Was the desire for validation enough to keep them going?  I expect it was for some, but they are the judges that should least wear the robe.

While summering in the Hamptons, I went to play golf early one morning by myself.  They stuck me with two other guys, both a lot older than I was, to send me out.  Both were amiable fellows, joking and having a good time.  They were lousy golfers, which made me feel right at home.  Eventually, I asked one what he did for a living.  He told me he used to be a lawyer.  I asked if he was retired.  He said, “No, I just became a judge.”  We still had a nice round, but as soon as the words were spoken, we all realized that rules changed. 

Justice Goodman’s essay is important reading to understand and appreciate what’s going on in the head of that person who’s making important decisions for you.