By Chief Justice Mary Jane Theis, Illinois Supreme Court
Domestic violence continues to plague Illinois. The statistics are striking. In a recent report, the Illinois Coalition Against Domestic Violence, an organization comprised of 50 statewide domestic violence victim service providers, found that domestic violence deaths statewide increased by 110% in 2023. Of the 102 counties in the state, 27 reported domestic violence related deaths, an increase from the 20 counties that reported in the prior year.
The responsibility for finding solutions to such a vexing problem lies largely with the courts. Domestic violence is unique in that it crosses many traditional subjects in our judicial system – criminal, civil, family law, and juvenile justice. The individuals charged with hearing from the victims about the horrors that they have experienced and the despair that it has wrought are our circuit court judges.
Beneath their robes, judges are people, too. Research has shown that judges may suffer so-called secondary or vicarious trauma via the often-tragic cases that come before them. Clear-headed judges make better decisions. Here to discuss what is being done to help them is Chief Judge of the Circuit Court of Cook County, Tim Evans.
By Chief Judge Timothy Evans, Cook County
For justice to be obtained in the best of our modern societies, it is required that a legal structure be enacted that enhances fairness. To enhance fairness in our legal structure, our legal system has been designed for a “Court of Law” to help solve our society’s legal disputes and, thereby, reduce chances for frustration and chaos among our society’s citizens.
Many of the legal disputes to be resolved in our courts involve traumatic instances of physical violence, emotional abuse, grief and loss.
Of course, our judges have a tough job that is critically important to our society. They must rationally weigh the facts in difficult, contentious, and often tragic cases, fairly applying the law to those facts to achieve justice. However, judges and court staff are human beings, and they are impacted by the tragic cases that come before them. No one would be unmoved by the tragedies seen in our courts. We expect our judges to feel compassion for people facing the worst moments of their lives; but, unfortunately, repeated exposure to others’ trauma can have negative effects on everyone who works in the justice system – from judges and lawyers to police officers and clerks. Psychiatrists and psychologists have a term for this: it is called vicarious or secondary trauma. This kind of trauma can cause stress for people who encounter it regularly, resulting in mental and physical problems. Vicarious or secondary trauma may lead to elevated levels of stress, compassion fatigue, excessive anxiety, and increased anger, sometimes resulting in cynicism, sleeplessness, hopelessness, detachment, and burnout.
Vicarious trauma is the emotional residue of exposure to traumatic stories and experiences of others through work; witnessing fear, pain, and terror that others have experienced (American Counseling Association, 2016).
Vicarious trauma can hit any judge, anywhere, at any time and our vulnerability to it comes as a natural extension of our work in the judiciary itself.
Often the pressure to succeed in such a competitive environment leads to sacrificing one’s well-being, in exchange for professional success. But beneath the surface of professionalism and the pursuit of justice, many of us in the legal field suffer in silence. We suffer from elevated levels of stress, anxiety, depression and substance abuse. And for too long in our profession, substance use, addiction and mental health struggles have been stigmatized.
The expectations to maintain a facade of competence, strength and resilience often prevent judges, lawyers and others in the legal profession from seeking help. The fear of judgment, reputational damage, or even career consequences keep too many of us from reaching out for the support we desperately need.
The cost of inaction is far too high. Judges under the strain of unaddressed or untreated mental health issues, can face impaired decision making and burn out – impacting their ability to deliver fair and just rulings: jeopardizing not only their personal health but the cases they handle and the litigants they serve.
In recognition of these issues, I convened a planning team to determine how best to help judges keep themselves mentally and physically healthy. The team includes Erika Harold and Stephanie Villinski, Executive Director and Deputy Director, respectively, of the Illinois Supreme Court Commission on Professionalism. Also, on the team was a key member of my staff, Kate Nolan, Director of Legal Research.
Our planning team decided to start with judges from the Domestic Relations and Domestic Violence Divisions, which include judges of divisions that see a great deal of human suffering. The program began with a 90-minute session including members of the planning team along with Presiding Judge Regina A. Scannicchio and Presiding Judge Judith C. Rice, who trained judges to both recognize and cope with secondary trauma. The program also included an effective message from Illinois Supreme Justice Elizabeth M. Rochford and great clinical advice from Dr. Diana Uchiyama, Executive Director of the Lawyers Assistance Program.
Dr. Uchiyama explained that secondary trauma can change who we are and those who experience it may attempt to cope with it in “maladaptive ways” such as substance abuse. Dr. Uchiyama said, “Judges don’t always recognize that it’s impacting who they become and may end up in people experiencing angry outbursts where their more intolerant and more insensitive to things.” She refers to the cumulative effect of secondary trauma as “soul erosion.”
Judges Rice and Scannicchio said the response from judges in their divisions had been overwhelmingly positive, with judges expressing gratitude that the issues were discussed. Judge Rice further said “The issue is not just to make judges feel better, but so they can do a better job for litigants. Judge Scannicchio expressed the view that “We all have the concern that we’re not tough enough, not strong enough, and not resilient enough to make these difficult decisions in the face of secondary trauma.” Judges Rice and Scannicchio said they also would be encouraging physical ways of coping with stress such as getting sufficient exercise.
We must offer a culture of care and support within our legal profession. We must empower our colleagues to get the help they need before it’s too late this is our collective responsibility one that involves not only individuals but institutions like the Lawyers Assistance Program.
Peer support and mentorship jointly, can break the stigma surrounding mental health and addiction. We must show empathy and support for those who are suffering, we must uphold the law – yes, but also take care of the people who practice it.
Let us build a legal community that values well-being as much as it values success, where reaching out for help is seen as a strength not a weakness. As judges let us exercise self-compassion and self-kindness to better deal with stress, by remembering to sleep well, eat well and exercise. By doing so we pursue self-care by working smarter not just working harder.
To help our colleagues in the court system, we must urge them to take vacations, eat healthy and to exercise and to take sick leave when warranted. To help our colleagues “feel included” we must even embrace the concept of “boundaried empathy” with our colleagues. This level of empathy can help them develop a feeling of belonging as they attempt to deal with secondary trauma.
It is my plan to provide judicial training on secondary trauma in Cook County to all of our divisions and districts (about 400 judges) and I expect eventually to expand the training to judicial staff members as well.
I believe that all judges, everywhere, will benefit from becoming aware of the danger of secondary trauma and to seek help from professionals and from each other when the need arises. We need to stay strong for ourselves, for our families and for the people who come before us. In this way, we can protect ourselves and effectively deliver justice for those facing primary trauma in their own lives.