Michigan Supreme Court Justice Richard Bernstein, the first blind person to ascend to the Michigan Supreme Court, sought treatment for depression in order to continue with his work on the bench. In making his struggle public, Justice Bernstein aims to make it easier for other judges to seek help. Underneath the formal robes, many judges face never-ending stress, long work hours, and exposure to human tragedy.
Survey data indicates that approximately 25% of judges missed at least 10 work days in the last year due to stress, although other reasons were reported to their superiors. Furthermore, almost 50% of judges believe that they have experienced secondary traumatic stress due to exposure to emotionally challenging court testimonies and graphic evidence, as per this Bloomberg Law study.
Regrettably, the fear of reputational damage and potential voter backlash often cause judges to suffer in silence. According to experts, this can have a negative impact on the public as it can reduce the efficiency of the judiciary. This is an issue of concern in Michigan which has roughly 550 trial court judges. If a quarter of these judges are missing work due to mental health struggles, this translates to lost days and work hours, affecting the court’s functioning and its ability to handle the backlog accumulated during the pandemic.
Bree Buchanan, an internationally recognized judicial wellbeing researcher and advocate, notes that the reluctance to seek help is a persistent issue across the legal system due to concerns over reputation. Buchanan, who worked with a national treatment hotline for judges, observed a lack of calls being received. Despite attempts to expand and publicize confidential mental health programs for judges, lawyers and law students, these initiatives are frequently under-utilized. Thus, she asserts that it’s vital for legal professionals, like Bernstein, to share their experiences.
Analysts, however, worry whether Justice Bernstein’s move to seek mental health treatment will affect voter attitudes in judicial elections. They argue that the public perception of mental health can be a barrier for those seeking help in the legal profession. Buchanan asserts that particularly for judges, the fear of being unelected can create a sense of isolation, which can breed conditions like depression, anxiety, and substance abuse.
Nevertheless, Richard Jolly, Professor at Southwestern Law School, argues that modern judicial campaigns hinge mostly on the decisions judges have authored or policies they uphold. In Michigan, political attacks based on a judge’s mental health treatment would likely be counterproductive.
Bernstein confidently posits that his experience with situational depression has made him a more empathetic and understanding judge and that these human qualities will resonate with people.
More details about this story can be found in the original Bloomberg Law article.