Relationships

Being the only district judge in an area can make for a lonely existence in terms of relationships. At best, no relationship is perfect whether it's with your spouse, your best friend or a casual or business acquaintance. But almost every relationship the judge had before election, or would like to cultivate afterwards, is problematical.

The judge is required to not only be fair and impartial but always to also appear to be so. And if he is seen at lunch too often with one attorney, or never with another, then at least some number of people begin to perceive bias for or against an attorney. And when the judge has come from the community, as all judges in rural districts do (at least for the county of the judge's residence), then all of the relationships that were built up over the years often suffer.

The former client may be a witness in a case, or a party to a suit or even a defendant in a criminal action. The former client's child may be before the juvenile court and, invariably, some number of them will end up in divorce court. Shall that judge recuse in every such instance? To do so would cripple the operation of the court. Time tends to cure those problems but only if those former relationships fade, and fade they must.

And most lawyers (now judges) have/had significant relationships with other lawyers either by way of being partners, making or receiving referrals or from cultivating respect on the battleground before the bar.

So when a judge appears to be a little more aloof than before, remember where he or she is coming from professionally. And if that judge also from time to time seeks simple fellowship with other lawyers (judges ARE still lawyers, you know -- at least the ones I'm talking about), you'll understand that it's not a matter of favoritism.