A PROFILE IN PROFESSIONALISM

Professionalism for Judges

While attending new judges’ school nearly 12 years ago, I learned some valuable lessons on how to be a judge. I learned that I would now be a very funny person, with lawyers laughing at my jokes. I would be sought after for my company and my opinions would have greater weight. But I also would be exposed to black robe disease, which causes judges to believe that they really are funny, that their opinions are the most valuable, and their time the most important. To avoid contracting that disease, I needed to keep my ego suppressed, my temper under control, and my humor intact. This is a constant struggle that I do not always win.

Judge Tracy E. Christopher 295th District Court

Many continuing legal education seminars contain a judges’ panel discussion where judges tell lawyers “what to do” and offer professionalism tips. Recently, three brave lawyers spoke to the Harris County Civil District Judges to tell us “what to do” and offer judicial professionalism tips. Judges need to control their courtroom but treat lawyers with respect. Judges should not force settlements or play games with rulings. Judges should prepare, but admit it when they could not and should engage counsel at oral argument. Judges should be considerate of lawyers’ and jurors’ time. And judges should rule timely.
Lawyers, as zealous advocates, and judges, who control the courtroom, can be tempted to engage in unprofessional behavior. Lawyers may fail to be courteous and civil in oral and written communications. Judges may belittle lawyers in the courtroom or in written opinions. Lawyers may fail to agree to reasonable requests for an extension of time, hoping to gain a procedural advantage. Judges may fail to agree to reasonable requests for an extension of time, hoping to force the parties to settle. Lawyers may needlessly delay proceedings to gain a tactical advantage. Judges may unnecessarily delay ruling, hoping that the matter will “go away.”

The Texas Lawyer’s Creed provides specific guidance to lawyers to enhance professionalism. Texas, as other states have, should adopt a similar creed for judges. As judges, we should commit ourselves to such a creed, for no other reason than it is right.

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