If you’ve been reading my blog for awhile, you know that I firmly believe in the power of mindfulness. I started practicing mindfulness because I was struggling with overwhelming anxiety. I was diagnosed with a social anxiety disorder and decided to try a mindfulness-based treatment program rather than medication. Since then, I have completed many training programs, including a mindfulness-based stress reduction (MBSR) teacher-training practicum. I also wrote a book, The Anxious Lawyer!
Mindfulness has been widely accepted in the tech industry as well as others, but as is typically the case in the legal profession, we are slow adopters. Fortune 500 companies are offering mindfulness training to their employees en masse, including Facebook, Google, Aetna, General Mills, and LinkedIn, just to mention a few.
Even judges are using mindfulness to find calm in the midst of chaos, to be equanimous in difficult situations, and to manage the stress and anxiety that comes from serving as a judge. I interviewed Judge Bruce Peterson from Minneapolis, Minnesota, on my podcast, The Resilient Lawyer, about why he believes mindfulness is important.
In the recent Florida Bar Journal, judges shared their thoughts on why mindfulness is important on the bench.
Bankruptcy Judge Colleen Brown of the District of Vermont shared:
A few years ago, I was in the midst of a contentious trial where the two attorneys were having great difficulty focusing their examinations on the crucial factual issues, and they were each also raising objections that were overly technical. A couple hours into the trial, I noticed I was having trouble following the testimony because of the erratic questioning and frequent objections, and I was starting to run out of patience with the attorneys. I decided to take a recess to gather my thoughts.
I spent the 15-minute recess sitting, just focusing on my breath and settling myself into a peaceful, calm state. Once I did that, I was able to formulate instructions I could give to the attorneys which I believed would help them stay focused and reduce the number of unnecessary objections, without embarrassing them in front of their clients. I also knew if I were feeling calmer, I could be more attentive and less distracted if the attorneys went off track on their questioning or objections.
It worked. The attorneys seemed grateful for my instruction as to where I wanted them to focus their witness examinations and relieved they did not need to make so many objections. I also suspect they may have been able to observe I was calmer and more patient after the break. The trial proceeded in a more methodical way after the recess and I was able to enter a prompt ruling.
I am sure both the attorneys in her courtroom appreciated the break and the change in Judge Brown’s demeanor after the recess. We can all learn from this — when feeling stressed or overwhelmed, it’s okay to take a few minutes for yourself.
Magistrate Judge Chris McAliley of the Southern District of Florida (who wrote the foreword to The Anxious Lawyer) shared:
I find [mindfulness] meaningful in my work as a judge, as a means to focus on and enhance certain qualities important to judging.
Mindfulness practices are designed to enhance our ability to be present, in the moment, to our experience. The practice is one of focusing our attention on what is happening in our perceptions, thoughts, emotions, and body, without judgment. We simply observe. Anyone who has tried knows this is simple, but not easy. Over time we notice a shift, an opening, in our perception of outside events, and our internal experience. As Jon Kabat-Zinn famously wrote: “Wherever you go, there you are;” and for those who go to work as judges, mindfulness has clear benefits at work.
The practice encourages our open-minded awareness of what is happening before us. Courtrooms can be busy and distracting places, yet judges are expected to accurately perceive the argument of counsel, the testimony of witnesses, the behavior of jurors, and more. When we are distracted by other thoughts, this diminishes perception.
Even judges can be influenced by bias, whether it’s conscious or unconscious. Research indicates that mindfulness practice can make us aware of unconscious bias. Judge McAliley said:
[M]uch has been written about bias; that is, attitudes and stereotypes that often operate outside our conscious awareness. And research is pointing to the role mindfulness may play in bringing them to light, clarifying our perception. When a judge is able to whole-heartedly pay attention, without the distortion of habit, bias, or assumptions, that judge is more likely to treat people, and manage a courtroom, in a manner that encourages confidence in our system of justice.
This article previously appeared on Above the Law.