I was in a pub called The Jolly Poacher in the quite English-flavored city of Christchurch, New Zealand, enjoying a pint of beer with a group of New Zealanders and a couple of "Roos" (what some Kiwis call Australians).
When you travel "down under" most people are friendly, trusting and easy to meet. They knew I was an American ("Yanks," they call us) because of my "American accent."
After visiting with them for a while, one looked at me in my casual, laid-back tourist clothes and said, "Well, mate, what do you do for a living back in America?"
I replied, "I'm a judge."
He responded respectfully, "A sheep judge or a cattle judge?"
I grinned and said, "No, humans."
He looked surprised and said, "You mean bloody crims?"
I assured him that was true.
He looked me up and down again and said, "You don't look or act like a judge."
I laughed and said, "Thank you for the compliment."
They had never seen a judge, and all agreed that judges just weren't seen in public. I later talked to a New Zealand judge. He assured me their judges, following the traditional English legal system, avoid socially mixing with people who may potentially appear before them in court. They are allowed to belong to private clubs that are considered "acceptable." They could be "reported" to the Ministry of Justice if they socialize with "common folk" even on "holiday" (vacation).
I said I didn't think I was paid enough to live by those rules; and what about white-collar business criminals who often dwell in nice fancy private clubs?
He smiled and said, "Yes, we've had a few of them, and it has caused us judges some embarrassment."
I said, "I grew up with common folk, and if I have my druthers, I'll hang out with the common folk."
At the National Judicial College training programs, student judges are sometimes asked when they socialize with others in a public settings such as the super market or in a restaurant, do their demeanors change when they go on the bench as judges?
About half say they remain the same; the rest say they change. The judges that change are then asked which one is the real "you" and which one is "role acting."
This exercise is aimed at determining whether the judge relates to offenders as one adult to another adult, or a parent to a wayward child. The answer the professor is looking for is probably both, but judges should realize which image they are portraying and when it may be necessary and when it becomes counterproductive.
American drug courts and other rehabilitative systems have proven by comparison studies that the more "human," caring personal interest the judge takes, the higher the success rates.
They have determined the judge's demeanor is the key to rehabilitation. Addicts and chronic losers with low self-esteem want to relate to an understanding judge (the person who controls their lives) as they are trying to overcome their problems.
Yet, traditionally, we go out of our way to establish court systems that convey cold, formal and stern parental images with retribution and punishment as the norm.
Some criminals (dangerous, violent, career criminals) deserve little compassion and need to be locked up for society's protection, but they are a small minority. The majority of Minnesota's inmates (90 percent) were diagnosed as chemically dependent, and mental illness affects 64 percent percent of local inmates, according to U.S. Department of Justice).
The National Drug Court Institute concludes drug courts work better than jail, prison, probation and treatment alone, and significantly reduce drug use and are more cost-effective than any other proven criminal justice strategy.
Thus the research reveals an unexpected paradox: What most people think a traditional criminal court judge should be (stern, formal, parental, as often portrayed on TV and in motion pictures) is the least effective in rehabilitating society's misfits; and what many think would be too lenient (human, caring, approachable, understanding and healing) is the most effective.
Thus, some judges' personalities fit the drug court rehabilitative role; others fit the more formal authoritarian traditional courts.
So now armed with this research, you may want to turn on your television and start judging judges - perhaps start with "Judge Judy" and move on to the rest of the daytime judge shows or courtroom movies.
You may even find a sheep or cattle judge.
Dennis Challeen is a retired judge who practiced law in Winona and served on the bench at the Winona County Courthouse. This column is excerpted in part from his book "Swampwater Jurisprudence," which is available online at amazon.com.
Posted in Opinion, Commcol on Sunday, November 22, 2009 12:20 am
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