It is a reality that a strong jurist can be a poor manager, a fact that becomes all too relevant when judges are appointed for life, given immense power, and tasked with running high-stress, intimate workspaces. These individuals oversee some of the most crucial facets of the legal world, and their administrative abilities, or lack thereof, can have significant implications.
A three-judge panel of the Federal Circuit recently highlighted this dichotomy in a report regarding the controversial conduct of Judge Pauline Newman, who continues to dodge full participation in an ongoing investigation into her judicial aptitude. The special committee’s recommendation was to put a hold on new case assignments to Newman until her conduct is properly scrutinized.
This decision brings numerous questions to the forefront. What happens to Newman’s existing cases? Will she continue to pull in a paycheck despite being absent from her caseload? And crucially, will she retain her role in managing judicial assistants, law clerks, and other staff?
The report paints Newman as incapable of effectively handling her team, evidenced by a case of inappropriate interaction between her law clerk and a judicial assistant. The fallout of this incident resulted in threats of arrest and accusations of untrustworthiness, painting a concerning picture of Newman’s managerial abilities.
Nonetheless, the primary responsibility of a judge is not just to be masterful in their legal understanding but also adept at managing their workspaces. Chambers run most smoothly when all employees are treated respectfully and concerns are addressed promptly and properly. This requires judges to not just interpret the law, but also effectively manage their small government workplaces, complete with all the challenges that this entails.
The role of a judge is particularly important when considering the impact it has on the careers of their law clerks. These are often young legal professionals fresh from law school who will eventually take on roles as prosecutors, public defenders, law professors, and potentially even judges themselves. Hence, judges not only need to possess strong legal capabilities – they must also exhibit sound managerial acumen.
One of the major issues hindering the judiciary is the lack of resources devoted to training judges as managers. This results in clerkships that potentially set a disruptive precedent for legal careers. Our judiciary should not only appoint jurists who are also capable managers but should also implement training systems to improve management style among judges. Such initiatives could include annual managerial training as well as a proactive approach to addressing workplace issues.
This view is reflected by the president and founder of The Legal Accountability Project, Aliza Shatzman, a nonprofit seeking to ensure positive clerkship experiences while offering support for those who face difficulties. As she puts it, our judiciary could excel in resolving court business if good jurists were regularly accompanied by good managerial skills.
For additional reading, the original article includes a series of best practice suggestions for judges. These are based on Shatzman’s conversations with judges and range from providing detailed feedback and maintaining open communication to creating a law clerk manual and treating clerks with respect.
Efficiency, integrity, and ultimately justice are the hallmarks of our legal system. For this system to work optimally, it is vital that we ensure that our judges are not only skilled jurists, but also effective managers – for their teams, for their caseload, and for the integrity of our legal institutions.
The full piece is available for review here.