Mental health and the judicial and legal system are inextricably tied, especially in the United States. Evidence of this connection is everywhere; from the high number of incarcerated individuals that have mental health issues to the establishment of mental health courts that puts judges in a dual role of legal expert and behavioral healthcare advisor. In addition to improving how cases of mental illness are handled within the justice system, it is also important to contemplate the mental health of those who work in the system – including judges, clerks, lawyers and court administrators – and how their workplace inherently creates challenges.
Vicarious trauma in the courtroom
The courtroom is a stressful place characterized by interpersonal tension, high stakes decisions, and sometimes, the retelling of very serious and traumatic crimes. Professionals that work in courtrooms therefore experience vicarious trauma that can compound over many years and lead to depression and impaired performance – which is particularly consequential for judges, who by definition are expected to make rational, objective decisions. As one researcher explained, in regard to a survey she led of judges in Australia in 2019, “Judges and magistrates deal on a daily basis with all the most horrific trauma and adverse events that most of us would hope our lives never involve…judicial officers have the additional stress of being responsible for the ultimate decision that significantly impacts people’s lives, and everything they do is in public.”
Vicarious trauma can lead to compassion fatigue and real symptoms of Post-Traumatic Stress such as sleeplessness, chronic exhaustion, guilt and anger that interfere with decision-making. A 2017 brief from the National Center for State Courts explains the biology behind this trauma, and how, because our brains are “wired to feel empathy…when listening to or viewing someone else’s trauma, our bodies can experience their pain through our mirror-neuron system.” Judges, clerks and other staff that work in courtrooms day-to-day face high risk of experiencing vicarious or secondary trauma in this way.
Burnout, depression and substance abuse among lawyers
Earlier this month, Bloomberg Law released its Attorney Workload and Hours Survey revealing the burnout that many attorneys experience and showing a direct connection between overwork and dissatisfaction. The connections between overwork and dissatisfaction and more serious issues such as depression and substance abuse are clear; plenty of research exists to show how burnout can lead to insomnia, absenteeism and higher rates of substance abuse. In 2017, the National Task Force on Lawyer Well-Being called attention to high rates of lawyer depression and substance abuse and asserted that, “To be a good lawyer, one has to be a healthy lawyer. [But] sadly, our profession is falling short when it comes to well-being…the current state of lawyers’ health cannot support a profession dedicated to client service and dependent on public trust.”
Augment support programs
As more alarming statistics are revealed about the prevalence of mental health challenges in the industry, organizations and employers within the legal and judicial system have begun to prioritize the well-being of employees. Documented best practices such as those from the Tristan Jepson Memorial Foundation have established a framework and standard for how to approach mental health within the sector and include strategies for improving work culture, establishing values of respect, and implementing better mechanisms of recognition and reward for employees.
Unsurprisingly, the Covid-19 pandemic has exacerbated the mental health challenges of those in the legal profession and employees that work within the court system. Fortunately, in the U.S., many state courts have responded with initiatives to promote and support the well-being of judges, clerks and administrators. Each state has a Lawyer Assistance Program (LAP) designed to provide support to judges, lawyers and law students that are facing issues, and many have launched task forces focused on addressing trauma or other resources – such as the Virginia Wellness Initiative’s Weekly Wellnote, which was developed in July 2020 and covers issues from election-induced stress, the power of peer support and the benefits of mindfulness.
Stoke honest conversations
Opening up honest conversations about mental health is just as important as providing resources. The Virginia example above points to one way of doing this formally within an organization, but because stigma pervades the legal profession, it is also critical that those individuals that have experienced a mental health issue speak out to encourage others to seek help. Forums such as The Other Bar, a recovery support community based in California, offers a unique space that provides anonymity and confidentiality that allows fellow lawyers to support each other on their own journeys of recovery from alcohol and substance abuse.
The Supreme Courts of Illinois and Arizona recently became members of the One Mind at Work employer coalition, indicating that leaders within the industry recognize the need to take action. Prioritizing the mental health of judges, clerks, lawyers and court administrators improves the culture of the profession and ultimately generates a positive feedback loop that also improves the experience of individuals going through the justice system itself – a huge step in the right direction for those with mental illness.
