New Years Judicial Resolutions

It's that time of the year again. Out with the old year and in with the new. Here are some judicial resolutions that I hope will be fulfilled in the New Year.

Proclaim loudly and frequently that jury service is a right and privilege and should be participated in by all able citizens.
It is disheartening to hear from jury clerks that less than one-half of our citizens respond to jury notices sent to them. Some may have competent reasons for deferrals, and there is a system in place to grant them, but others look at jury service as a giant inconvenience in their lives. I consider jury service the highest obligation of citizenship. No one would want to go to Afghanistan or Iraq to fight the terrorists but all citizens who receive the jury notice in the mail should make the appropriate arrangements so that they can participate in the process that preserves the Rule of Law in their community.

Be more patient and understanding with young attorneys in the practice of law.
After thirty-three years in the legal profession, twenty-three as an attorney and ten as a Superior Court Judge, I have a wealth of experience in the judicial field. It has always distressed me to witness actions by young attorneys that may not meet the legal professions high standards. Young attorneys used to be mentored by older, wiser attorneys for several years before being set forth into battle. This is now rare. Experience is the great learning tool in the legal profession and I need to take more time to talk to young lawyers after a trial and discuss their representation of their client as part of their judicial education learning experience.

Try to get attorneys to understand that they should be counselors first and then litigators.
There is an old adage that the person who represents himself has a fool for a client. The same can be said for a person who hires an attorney for legal advice and then discards that advice. There are some attorneys that believe their sole function after receiving a retainer fee is to do exactly what the client wants, though it may not be in the client's best interest. I have seen cases where attorneys weakly acquiesce to their client's demands in trial strategy or in maintaining unrealistic settlement proposals. Inevitably, when the case is over, the client ends up the loser. We now live in a more litigious society and I wonder if one of the reasons is that some attorneys forget that they should be first counselors to their client and then, if need be, litigators.

Try not to catch Black Robe Disease.
Black Robe disease is a peculiar type of ailment that infects only judges and can be caught throughout the year. It may take years to incubate and is the result of ego, power, and little compassion. The symptoms are a continual loud voice, grimacing expression and brusque answers indicating a testiness and irritability that is readily observed by others. It is not contagious to the general public at large but attorneys and court personnel feel the effects of it. The antidote is a season of prayer in chambers before court, humility, and a good swift kick in the pants.

Opinions expressed in this article are solely that of this writer and are not the official position of the Conference of Superior Court Judges. Readers with questions about the Judicial System may send inquiries to the Weekly News to be responded to by Judge Hockenbury or send the judge an e- mail at www.judgejayhockenbury.com .