Courts, Small Law Firms

Why Are Some Judges So Mean?

Judges are often overworked with little resources, and many judges still manage to treat most people who appear before them with courtesy and respect.

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995442Recently, I was sitting in court watching a pro se party square off against a seasoned attorney in a case the pro se party was sure to lose. The pro se party did not know the procedures of the court, and he stumbled frequently as he asked questions of the witnesses and made arguments. The judge was somewhat mean to the pro se party and made statements that were sure to rattle the pro se party and would be difficult for any attorney to handle. This got me thinking of all the judges I have appeared in front of in my career who were mean and disrespectful to litigants and counsel. I am not sure why so many judges treat parties and their lawyers in a caustic manner, but perhaps a few reasons can explain this.

Judges often have busy dockets and not enough resources to handle all of the cases assigned to them. When attorneys or parties come unprepared, it might frustrate a judge since this may slow down the judicial process and make it more difficult for judges to complete all of the tasks they need to oversee in the course of their duties. In my experience, judges usually do not act mean toward lawyers or litigants who are prepared and reserve their ire for those who are not prepared when they come to court.

Of course, most judges were practicing attorneys, and they should know from their own experiences how difficult being a lawyer can be tough. One might think judges would have sympathy for the burdens of practicing lawyers and cut attorneys a break when they show shortcomings in court. However, judges often do not seem to empathize with the plight of legal practitioners, possibly because jurists are confronted with the expectations of clearing their dockets and ensuring that cases are being timely disposed.

Some judges might also be mean to litigants and attorneys because this is an efficient way to manage a courtroom. Judges often only have a limited time to hear certain matters, and lawyers love to talk. In certain instances, judges need to interject when lawyers have made their point and judges may need to confront a lawyer when the attorney makes a point that is not particularly helpful to resolving a controversy. In addition, being a little mean can be an effective way to create respect (and dare I say fear) for the court and reign in lawyers who might otherwise waste the court’s time.

Although I do not want to assume the worst in people, in some instances, judges might be mean simply because power goes to their head, or they have a bad personality. People are ordinarily very respectful of judges, both in their personal and professional lives, and this might give judges an inflated sense of themselves. Judges are bestowed with extraordinary powers, and it is often very difficult to seek review of a judge’s decision. It is entirely possible that all of this power and treatment impacts a judge’s temperament and how they act in court.

I want to make perfectly clear that I have an incredible amount of respect for judges. Being a jurist is a difficult job, and many people have to take a pay cut to become a judge. Judges are often overworked with little resources, and many judges still manage to treat most people who appear before them with courtesy and respect. However, some judges are just outright mean, either because they lose patience with stakeholders to a controversy or because it is an effective method to manage a courtroom. In any event, I would love to hear from judges about why some jurists seem to be outright mean and do not treat parties and lawyers with an appropriate degree of respect. And if any lawyers have stories of judges acting particularly discourteous, I’d love to hear such anecdotes as well.

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Rothman Larger HeadshotJordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothman.law.

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