District Judge Stephen Gerlis
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There must be many who read Francis Gibb’s article Advice line is set up for lonely judges in The Times on March 26 and thought it was a case of our "touchy-feely" society reaching new heights, or depths. Certainly the wry editorial in the same edition did not take it too seriously and one can understand why. How could those who are often accused of causing depression and misery to others be worthy of a helping hand themselves?
Having sat in most jurisdictions, including crime, I do have an insight into what the job entails on the other side of the bench. Quite apart from the problems that judges face, as clearly set out in the article, it is difficult for many to understand that sorting out people’s problems and making decisions that will affect lives, sometimes permanently, comes at a price. Believe it or not, judges are human, with frailties and prejudices like anyone else.
I challenge anyone to sit for months at a time hearing and deciding cases that involve terrible abuses done to children by those who are supposed to be caring for them, without being in some way affected. But this is what care judges do, day in, day out. Some courts, such as the new Gee Street courts set up in London, do virtually nothing else. Many care judges will readily admit that they need a break from the work every now and then in order to reset their emotional compasses. The same can be said for criminal judges who have rape or child abuse tickets. No one can have a full diet of such matters and be unaffected.
County Court district judges literally sit alone – no clerk, no security guard, often no legal representatives – usually in a simple room. Nevertheless, they have to make serious decisions ranging from which parent should a child live with to whether someone should be thrown out of their home; whether someone should be made bankrupt or requiring one spouse to pay thousands of pounds to the other, hated spouse. This in the face of emotional and often disturbed litigants.
But that is not the only pressure. Judges are required to conduct themselves both inside and outside court in a manner which befits the importance of their position. This creates a culture of introversion when it comes to emotional problems or the effects of stress. Asking for help can be perceived as a sign of weakness – not the "done thing". One judge told me how he suffered through a difficult divorce, being afraid that public disclosure might be professionally embarrassing. Then there was the judge who lost a child but was afraid to open up to colleagues because it was felt that a display of grief would not be fitting in the stilted confines of the judges’ dining room.
In recent years, those seeking judicial appointment have been put through a series of tests, not only to see if they are technically proficient, but also whether they can cope emotionally as well. At times we all need a shoulder to cry on. By providing one for judges, the public will be better served because they will not be dealing with a person whose decision-making may be affected by unresolved personal issues. It also helps to preserve the humanity in all of us.
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