December 2005

Lawyer Services

Judicial Assistance:The Best-Kept Secret

Judges work in high-stress situations and are often isolated from their peers and communities. According to Dr. Isaiah Zimmerman, a Washington, DC, expert on judicial stress, “. . . their job can turn judges into trauma victims . . . citing wrenching trial evidence, swollen dockets, and public criticism as some of the causes of this vocational trauma.” With the legal professional, this can lead to a high incidence of substance abuse and other personal problems. Eleven to 18 percent of legal professionals have serious problems with substance addictions and stress-related illness. While bar associations have responded to the needs of lawyers, there has been little assistance available to judges. Unknown to many judges, the Superior, District, and Municipal courts’ judges’ associations offer a Judicial Assistance Service (JAS) and a Judicial Assistance Committee (JAC).

Prior to 2000, the associations offered a loose-knit effort by judicial officers to help their peers who were experiencing problems in their personal and/or professional lives. These efforts were well intended, but included neither experienced counselors nor confidential assistance. Serving judges could be compelled to provide information to the Commission on Judicial Conduct or to other disciplinary bodies. It was believed that this limitation discouraged judges from accessing services and limited the ability of the associations to provide needed assistance.

In 2001, the District/Municipal Court Judges’ Association’s Judicial Assistance Committee (DMCJA JAC) began to discuss the need for a more formal process and began to train those judges offering assistance. The DMCJA JAC adopted a mission statement and developed protocols for providing intervention. At about the same time, the DMCJA JAC proposed a court rule intended to provide confidentiality for judges seeking assistance. The proposed rule was adopted by the Supreme Court and became effective November 25, 2003. Discipline Rules for Judges (DRJ) Rule 14(e) provides that communication between a judicial officer and peer counselors of DMCJA and/or Superior Court Judges’ Association Judicial Assistance Committee (SCJA JACs), or with the Washington State Bar Association’s Lawyers’ Assistance Program “shall be privileged against disclosure without consent of the judicial officer to the same extent and subject to the same conditions as confidential communications between a client and psychologist.”

At about the same time, the DMCJA JAC met with Barbara Harper, director of the WSBA Lawyer Services Department and Lawyers’ Assistance Program, to explore how more effective and professional service could be provided to judges in need. Part of that discussion focused on training for peer counselors. Peer counselors are trained individuals with experience in the professional milieu, who are able to understand the stresses and isolation inherent within the legal profession.

As a result of those conversations, the Judicial Assistance Service (JAS) was set up as a separate service under the auspices of the WSBA Lawyer Services Department. The JAS benefits from the experience of the Lawyers’ Assistance Program (LAP), which has been integral in setting up and administrating a program to assist judicial officers. The LAP also provides JAS access to professional counselors who are experienced in working with legal professionals and training peer counselors. The DMCJA JAC, with Ms. Harper’s assistance, developed and published a brochure promoting the JAS, which has been available through the judicial associations and the LAP.

With the formation of JAS, the Superior Court Judges’ Association’s Judicial Assistance Committee ceased operation. The District/Municipal Court Judges’ Association’s Judicial Assistance Committee continues in operation.

Communications between a judicial officer, JAS clinician, or peer counselor are privileged against disclosure without the consent of the judicial officer to the same extent and subject to the same conditions as confidential communication between a client and psychologist. JAS offers confidential assistance with mental/emotional, drug, alcohol, family, health, and other personal problems. Services include assessment, short- or long-term counseling, referral, follow-up, and training for judicial officers and their significant others.

JAS clinical staff and peer counselors can meet with judges in their chambers or at a location mutually agreed upon in advance. Most judicial officers self refer to JAS. No one knows about requests for services.

A third-party referral is addressed with the same confidentiality and immediacy as a self referral. A concerned party need only call JAS at 206-727-8268 and report their concern. A JAS clinician will call or write a letter to the subject of concern, offering JAS or referral to services in the judicial officer’s community. The clinician will assist the judge in arranging for a peer counselor and any other services required.

The assistance provided is completely confidential and separate from the lawyer referral service. Confidentiality of all calls and services is covered by rules specific to the individual programs (see DRJ 14 and RPC 19(e)).

The JAS program saw four judges and sent six third-party letters of concern this year. Issues addressed included mental health/stress, physical health, and substance abuse.

In conclusion, help is available to judges who may be experiencing mental/physical problems — It’s a telephone call away.

Chairman of the DMCJA JAC Committee is Judge Charles J. Delaurenti II, King County District Court, South Division.

Any superior, district/municipal court judge willing to volunteer as a peer counselor should contact Judge Delaurenti at 206-296-3445 or Barbara Harper at 206-727-8268.