Judges Struggling With Depression: More Common Than You Think

I’ve written a lot on stress, anxiety and depression in the legal profession, but not about the judiciary. There has been much commentary, research and Law Journal articles about what ails law students and attorneys — but not about judges.

I guess that’s not surprising.  In my work, I have spoken with scores of judges from all over the country.  It’s a noble, important calling in life.  But it’s also very stressful, demanding and . . . lonely.

Isolation, Loneliness & the Judiciary

In an article for Judicature magazine, psychiatrist Isaiah Zimmerman culled through twenty years of notes he accumulated from treating state and federal judges.  Here are the voices of the judges in their own words: 

“Before becoming a judge, I had no idea or warning, of how isolating it would be.”

“Except for those very close, old friends, you cannot relax socially.”

“Judging is the most isolating and lonely of callings.”

“The isolation is gradual.  Most of your friends are lawyers, and you can’t carry on with    them as before.”

“When you become a judge, you lose your first name!”

“It was the isolation that I was not prepared for.”

“After all these years on the bench, the isolation is my major disappointment.”

“The Chief Judge warned me: ‘You’re entering a monastery when you join this circuit.’”

“I live and work in a space capsule – alone with stacks of paper.”

“Your circle of friends certainly becomes smaller.”

“Once you get on the appellate bench, you become anonymous.”

These weren’t isolated comments or small pockets of pedestrian sadness.  Dr. Zimmerman notes that about 70% of the judges he interviewed came up with these observations on their own.

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There are several things that contribute to a sense of judicial loneliness.  The Code of Judicial Conduct imposes restrictions on judicial behavior both in and out of the courtroom.  Judges must avoid the appearance of impropriety and thus must be cautious and keep an appropriate distance and bearing at social and bar events. There are good reasons to have these restrictions, but if a judge isn’t careful to live a balanced life, they can help trigger a profound sense of lonesomeness.

Loneliness isn’t just emotionally painful; it’s also dangerous to your health on multiple levels.  According to an article by psychologist, Hara Estroff Marano, writes:

“Evidence has been growing that when our need for social relationships are not met, we fall apart mentally and even physically. There are effects on the brain and on the body. Some effects work subtly, through the exposure of multiple body systems to excess amounts of stress hormones. Yet the effects are distinct enough to be measured over time, so that unmet social needs take a serious toll on health, eroding our arteries, creating high blood pressure, and even undermining learning and memory.”

Given the pressures and isolation of the job, judges need to recognize the dangers associated with loneliness: unhappiness, discontent, health problems and perhaps . . . depression.

Judges and Depression

Judges are supposed to be problem solvers in black robes; not human beings with psychological problems of their own.

Given the position that judges occupy in our society, the stigma around disclosure to others –and perhaps getting treatment for clinical depression — is much, much greater.

One psychiatrist I know who treats judges told me that judges request very early or very late weekday or weekend appointments.  Moreover, they ask not to be scheduled before or after another lawyer or judge and pay in cash so as not to attract attention or leave a paper trail.

For the first ten years of my career, much of my practice was spent litigating cases in state and federal courts in New York City.  One of my best friends from those days is now a judge.  When I decided to go public with my depression eight years ago by writing an article for Trial magazine, my friend called me for dinner to catch up on things.  He wanted to know how I was feeling and expressed concern about my plans to go public about my depression.

“Dan, why can’t you write the article anonymously,” my friend said.  “But that’s the problem, isn’t it?” I replied. “Why should I have to write such an article anonymously? What do I have to be ashamed of?  Depression is an illness no different than diabetes or heart disease.  Would I write an article about those illnesses . . . anonymously?”

We kept in contact with dinners and phone calls over the next eight years, but over time our conversations centered less on my depression and well-being and more on his.  You see, my friend the judge disclosed to me that he was suffering from depression and had tried to commit suicide some years before.

I think he felt he could trust me.  Moreover, I think my disclosure gave him implicit permission to talk about his pain and struggles; a hurt only his therapist and wife knew of.  He spoke of the loneliness of his job and how he missed the collegiality of his old large firm.  But, he said that on the balance, he’d rather be a judge and didn’t regret his change in vocation; a move from the courtroom to the chamber.  He liked his job, enjoyed the intellectual challenge and the chance to do justice.

The statistics on lawyer depression are deeply troubling.  They suffer from depression at a rate twice that (20%) of the general population.  As such, about 200,000 of this nation’s 1 million lawyers are struggling with depression right now.  No studies have been done on judicial depression.

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There are 1,774 federal level judges in the U.S. Were you to plug in the 20% depression rate we see with attorneys to the number of judges; approximately 350 judges across America are suffering from depression. Even though there haven’t been any studies of judicial depression, why would we expect the 20% rate to be any different than that found with attorneys?

I couldn’t find any statistics on how many state judges there are in the U.S.  New York State has 1,250.  Were you to plug in the 20% depression rate we see with attorneys to the number of these judges, approximately 250 of the Empire State’s judiciary are suffering from depression.

This isn’t sadness or burnout, but true clinical depression.  Sometimes, we confuse being down in the dumps with depression. They’re really not the same thing – not even close. Here’s how psychologist Richard O’Connor, best-selling author of the book Undoing Depression, distinguishes it:

“Everyone knows what depression feels like.  Everyone feels the blues at times.  Sadness, disappointment, fatigue are normal parts of life.  There is a connection between the blues and clinical depression, but the difference is like the difference between the sniffles and pneumonia.”

Nobody’s Perfect

Perfectionism is also an indicator for depression.  In his article Even Judges Get the Blues, Judge Robert L. Childers writes:

“Because of the weight of public expectation, judges generally feel that they should be perfect.  Not only do they feel that they should be fair, impartial, and make the right decision 100 percent of the time, but the public expects this of judges as well, as do the lawyers who practice before them.  This can create undo pressure for judges and, consciously or unconsciously, keep judges from admitting or recognizing the signs of debilitating disease.”

An article from the ABA JournalPerfectionism, Psychic Battering’ Among Reasons for Lawyer Depression, states: “Lawyers [and judges] are taught to aim for perfection, to be aggressive and to be emotionally detached. They ‘intellectualize, rationalize and displace problems on others’ . . .. They don’t take direction particularly well. They tend to have to have fairly elaborate denial mechanisms. And they tend to challenge anything they’re told.”  In another article from the ABA Journal, it notes that when combined with depression, perfectionism makes it harder for a person to seek help.  And in the worst case scenario, leads to suicide.

Loneliness & Depression

Depression is a multifaceted illness that has several different causes – some genetic, some physical and some emotional.  In the depths of my depression, I felt very alone – like I was trapped at the bottom of a dark well.

Many with depression isolate themselves because it’s painful to be around others.  I would hang out at Starbucks and do my work.  I didn’t want others I knew to engage me; I didn’t want others to see the pain I was desperately struggling with.

I’ve found that loneliness and depression often travel the same road.  This creates a lot of problems because the two can feed off one another.

According to psychologist Dr. Reena Sommer:

“Depression is a problem that often accompanies loneliness. In many cases, depressive symptoms such as withdrawal, anxiety, lack of motivation and sadness mimic and mask the symptoms of loneliness. In these cases, people are often treated for depression without considering the possibility that loneliness may be a contributing and sustaining factor in their condition.”

Generally, the debilitating symptoms of depression can usually be managed with antidepressant medication. But when the underlying loneliness is ignored or overlooked, the depressive-like symptoms will probably continue. Unless the reasons for loneliness and depression are separated out, it can easily turn into a ‘chicken and egg’ situation where depression leads to loneliness, and loneliness leads to depression.”

Turning It Around

While depression might not be our fault, it is our responsibility to get better.  We need to start behaving and thinking in constructive ways.  Here’s some food for thought for those on the bench:

  1. Get help.  You can’t handle this by yourself.  It is a problem bigger than any individual person.  The ABA’s Commision on Lawyer Assistance Programs created a Judicial Assistance Initiative.  Reach out to them and they can get you pointed in the right direction.
  2. You may have to take antidepressant medication to help you.  That’s okay.  You may have a chemical imbalance that you need to address.  For many, psychotherapy alone won’t help until they quieted down their somatic complaints — e.g. fatigue from sleep problems – so that they can have the energy and insight to work on their problems.
  3. Whether you need medication or not, you will need to confront your negative thinking with a therapist.  A lot of research suggests that cognitive behavioral therapy is a particularly effective form of treatment for depression.  Interview a couple therapists before you settle on one.
  4. Exercise. The value of exercise is widely known: It’s simply good for everybody. For a person with depression, it becomes not just about a healthy habit, but a critical behavior and habit – they absolutely need to work out.  In his book Spark: The Revolutionary New Science of Exercise and the Brain, Harvard psychiatrist John Ratey devotes a chapter to the importance of exercise in alleviating depression.  Please check this book out.
  5. If you have a spiritual practice, do it.  If you don’t, think about starting one.  This could be anything from a formal meditation practice, going to Mass, or walking the woods.  A lot of research suggests that people who have a spiritual practice do better with depression recovery.  If you believe in God or a higher power (I am Catholic), you can avail yourself of help and support from Someone who is bigger than your depression.  If you do not believe in God, maybe you believe in some other form of spirituality you can tap into.  Spiritual growth and development, in my opinion, are very important pillars of recovery. Two books from my tradition include Seeing beyond Depression by Father Jean Vanier and Surviving Depression: A Catholic Approach by Sister Kathryn James Hermes.
  6. Get educated. Read some good books on the topic. As part of your education, learn about the powerful connection between stress, anxiety and depression.  On this subject, I recommend Dr. Richard O’Connor’s Undoing Perpetual Stress: The Missing Connection between Depression, Anxiety and 21st Century Illness. Dr. O’Connor suggests that depression is really about stress that has gone on too long. The constant hammering away of stress hormones on the brain changes its neurochemistry.  This can and often does result in anxiety disorders and/or depression.
  7. Build pleasure into your schedule.  Judges, like all those in the legal profession, are busy and have the “I will get to it later” mentally – especially when it comes to things that are healthy pleasures.  We have to jettison this approach to how we live our days.  We must begin to take time – now – to enjoy pleasurable things and people.  A hallmark of depression is the inability to feel happiness or joy.  We need to create the space where we can experience and savor good experiences and feelings.
  8. Practice mindfulness. In mindfulness meditation, we sit quietly, pay attention to our breath, and watch our thoughts float by in a stream of consciousness. Normally, we immediately react to our thoughts (e.g. “I am losing my mind with all of these deadlines”).  With mindfulness practice, we can begin – slowly – to let the thoughts and feelings float by without reacting to them.  If such an approach to depression seems far-fetched, read the best-selling book The Mindful Way through Depression: Freeing Yourself from Chronic Unhappiness, for an excellent primer on how you can incorporate mindfulness into your day.
  9. Remember to be kind to yourself. It sounds so simple. I tell this to depressed lawyers and judges all the time and they usually look puzzled.  They often admit that they have rarely, if ever, thought about it and don’t know how to be kind to themselves.  I believe that it first begins with a conscious intention – “I am not going to treat myself poorly anymore.” Such a simple refrain can help us.  Depression is often built on poor mental, emotional and physical habits. We must learn to acknowledge that we are worthy of love from others and ourselves and that part of such love involves taking better care of ourselves.
  10. Spend time outside and in nature.  We humans forget that we are part of nature and the animal kingdom.  We need fresh air and sunshine.  Even more so when the darkness of winter strikes.  If you live in a part of the country with long winters, load up on vitamin D and consider using a light box to help you.

If you or a judge you know might be suffering from loneliness and/or depression, please forward this article to them.  Here’s a list of depression’s symptoms and a self-test from the Mayo Clinic.

 

Dan’s Top 10 Stress Books

Full Catastrophe Living

Based on Dr. Jon Kabat-Zinn’s renowned mindfulness-based stress reduction program, this book shows you how to use natural, medically proven methods to soothe and heal your body, mind, and spirit. The title?  Oh, that’s from the classic book Zorba the Greek.  Zorba is a Greek full of a salty zest for life.  At one point, his intellectual benefactor asked him, “Zorba, are you married?”  Zorba snorts, “Married? Wife, kids, house . . . the full catastrophe!”  When all of our lives are pulled about by the catastrophe of daily living, we need mindfulness to ground us, we need the deep breathing and quiet to enrich the quiets place in all of us. 

Why Zebras Don’t Get Ulcers

Dr. Robert M. Sapolsky has chapters on how stress affects sleep and addiction, as well as new insights into anxiety and personality disorder and the impact of spirituality on managing stress.
As Sapolsky explains, most of us do not lie awake at night worrying about whether we have leprosy or malaria. Instead, the diseases we fear-and the ones that plague us now-are illnesses brought on by the slow accumulation of damage, such as heart disease and cancer. When we worry or experience stress, our body turns on the same physiological responses that an animal’s does, but we do not resolve conflict in the same way-through fighting or fleeing. Over time, this activation of a stress response makes us literally sick.

Buddha Brain

Jesus, Moses, the Buddha, and other great teachers were born with brains built essentially like anyone else’s, but used their minds to change their brains in ways that changed history. With the new breakthroughs in neuroscience, combined with the insights from thousands of years of contemplative practice, this book shows readers how to have greater emotional balance in turbulent times, as well as healthier relationships, more effective actions, and a deeper religious or spiritual practice. It’s full of practical tools and skills readers can use in daily life to tap the unused potential of the brain and rewire it over time for greater peace and well-being.

Spark

This book offers a fascinating investigation into the transformative effects of exercise on the brain, from the bestselling author and renowned psychiatrist John J. Ratey, MD. Did you know you can beat stress, lift your mood, fight memory loss, sharpen your intellect, and function better than ever simply by elevating your heart rate and breaking a sweat? The evidence is incontrovertible: Aerobic exercise physically remodels our brains for peak performance. This is one of the few books that got me off my ass and into the gym.

How to Train a Wild Elephant

This is a short book and easy to read.  Jan Chozen Bays, M.D., a physician and Zen teacher, has developed a series of simple practices to help us cultivate mindfulness as we go about our ordinary, daily lives. Exercises include: taking three deep breaths before answering the phone, noticing and adjusting your posture throughout the day, eating mindfully, and leaving no trace of yourself after using the kitchen or bathroom. Each exercise is presented with tips on how to remind yourself and a short life lesson connected with it.

The Relaxation and Stress Reduction Workbook

This book details easy, step-by-step techniques for calming the body and mind in an increasingly overstimulated world. It’s based on the latest research, and draws from a variety of proven treatment methods, including progressive relaxation, autogenics, self-hypnosis, visualization, and mindfulness and acceptance therapy. In the first chapter, you’ll explore your own stress triggers and symptoms, and learn how to create a personal plan for stress reduction. Each chapter features a different method for relaxation and stress reduction, explains why the method works, and provides on-the-spot exercises you can do to apply that method when you feel stressed.

Stress-Proof Your Brain

Our brains have evolved powerful tools for coping with threats and danger-but in the face of modern stresses like information overload, money worries, and interpersonal conflicts, our survival reflexes can do more harm than good. To help you adapt your nervous system to the challenges of today’s world, neuropsychologist Dr. Rick Hanson presents Stress-Proof Your Brain. Join him to learn research-based techniques and meditations that will literally re-shape your brain to make you more resilient, confident, and peaceful, including: – How to replace your brain’s unhealthy reactions to stress with protective and self-nurturing responses- Techniques for using memory to soothe and release painful feelings of sadness, guilt, anxiety, inadequacy, or anger – Guided meditations for calming chronic worries, developing gratitude, building inner strength, and more.

Stress Proof Your Life

Stress proof your life is for people who struggle to find time for a shower, much less a bath. The ones who worry that stress is affecting their health and relationships. Or they would worry if they weren’t so knackered. Some people are really good at avoiding some stresses without realizing that they are slaves to another kind. Elisabeth Wilson looks at the sources – occupational, genetic and environmental – and reveals 52 brilliant techniques for creating a stress-free zone. When your batteries are blown and burnout is imminent these top tips can help you regain control.

Getting Things Done

If you’re like me, my biggest source of stress comes from the pressure to get lots of things done everyday.

In Getting Things Done, veteran coach and management consultant David Allen shares the methods for getting things done. Allen’s premise is simple: our productivity is directly proportional to our ability to relax. Only when our minds are clear and our thoughts are organized can we achieve effective productivity and unleash our creative potential* Apply the “do it, delegate it, defer it, drop it” rule to get your in-box to empty.

Upward Spiral

Lawyers help others but take very poor care of themselves. In their quest to max out their earning potential and afford the best material goods our economy has to offer, lawyers lead a narrow, grimly serious existence without emotional rewards. They work inhuman hours yet always feel pressured for time. Since they never stop, breathe, and relax, they are frequently tense, irritable and ready to bark. Author Harvey Hyman, himself a former trial lawyer, gives us the latest science, wit and wisdom in a book I highly recommend.

Stress Management for Lawyers

When you practice law, stress comes with the territory. Such stressors as time pressures, work overload, conflict, and difficult people can rob you of a satisfying career and personal life. It doesn’t have to be that way, however. You can take effective action and this book, written specifically for lawyers, shows you how.

 

Summer’s Over and I Need Your Help

I am writing a book about depression in the legal profession. It will be the first book of its kind in this country.  And it’s about damn time.

The book will address the causes and suggested remedies to deal with depression for law students, lawyers and judges.  Given the shockingly high statistics about how many in our profession struggle with this affliction – – about twice the rate of the general population – – one might think that at least one book, if not several, had already been written on this topic. Nope – nothing.

I think part of the reason this is true is because of the shame and stigma attached to suffering from depression and being a law student, lawyer or a judge.  This has been evident in our attempts to interview people for the book.

Law students have been a tough group to crack.  A posting on the Facebook account of one law school got 750 hits in one day, but no response to contribute to the book.

Law students have higher rates of depression than lawyers – – about 40% of students will suffer from depression at some point in their three years at law school or about 60,000 of the 150,000 law students in this country. There are many reasons for such high rates of depression in law school and I’ve blogged about it before in my piece In the Beginning – Depression in Law Schools.  We need some of these students to step forward and contribute their important stories because without them, the book might lack the authenticity we’re hoping to achieve.  These stories will be offered as “portraits” in the book of law students struggling with depression and trying their very best to deal with law school and depression.The book aims to open a conversation with law students about depression rather than lecture them about it.  The best way to do this is to interview real people with real stories.

Lawyers have a hard time talking about depression because they’re fearful that it exposes a major weakness to opponents and their employers.  Lawyers are supposed to be problem-solving winners; not people with mental health problems that may or may not win.  This pressure only serves to amplify the shame a lawyer feels when he or she is struggling with depression.

As they struggle to keep up at work, they repeatedly ask themselves, “What’s wrong with me?” and “Why can’t I just get this damn brief down?”  They hate themselves for not being productive.  But the lack of productivity is NOT a product of laziness. It’s a product of a disturbances going on in the brain; in particular the hippocampus which is involved with learning and memory and the amygdala.

Judges are supposed to be the cream of the crop.  They are bound by the Judicial Code of Ethics and must remain above the fray.  They are often lonely and dealing with burnout.  Once they put on the black robe, they stop being “Bob Smith” and become “Your honor” or “Judge” whether in the courtroom or out in public.  Check out my prior blog about judges and depression.

While there have been studies down on law student and lawyer depression, there’s never been one done on the judiciary.    One retired judge that talked openly with us about his depression warned us to expect a “wall of silence” from the judiciary.  That has come to pass.  We need some courageous judges to summon some courage to talk about their own depression, the depression that seen in their colleague or the legal profession in general.

My book is meant to be a sort of handbook or guide for those in the profession who need help and understanding. It is also written for those who care about the suffering law student, lawyer and judge and want to help.

We want to hear from you and listen to your story.  You can do it anonymously, if you wish.  The book is likely to reach tens of thousands of people, if not many more. Were you to tell your story, some suffering soul who is in pain – – like you were before you recovered or are in now – – might see themselves in you and suffer just a little bit less, might feel a little less lonely.  They may even gain a sense of hope.  Please, tell your story and be part of this important project.  Just click here to begin sharing.

Thank You.

 

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