Page 155 - Cityview_Jan_Feb_2014

passionate feelings involved. unlike 2. A judge shall perform the duties of a divorce or other family issue requir-
the depiction on “reality” courtroom judicial office impartially, compe- ing legal intervention and subsequently

shows, however, it is a judge’s responsi- tently, and diligently.
view the judge’s role through the prism
bility to bring calm and objective legal of that personal experience.

reasoning into the maelstrom, rather 3. A judge shall conduct the judge’s Nevertheless, it is important not to
than contributing to the chaos. The personal and extrajudicial activities develop “black robe disease” and forget

unfortunate litigants who find them- to minimize the risk of conflict with what it is like to be a litigator, or that with
selves in family court do not expect and the obligations of judicial office.
the entrusting of enormous power over
should not encounter a judge who uses the personal lives of those appearing in a

their case as an ego trip.
4. A judge or candidate for judicial of- courtroom comes commensurate respon-
More than any other government sibility. I would suggest to any family
fice shall not engage in political or
office, that of judge requires certain campaign activity that is inconsis- court judge the following principles:
specific qualities from all those who
tent with the independence, integ- • Maintain your empathy.
have the honor of sitting on the bench. rity, or impartiality of the judiciary.
Whereas different legislators and
Independence, integrity, impartial- • use your own conduct to set
executives may bring vastly different an example of how you expect
strengths and weaknesses to their posi- ity: Whereas the focus of these canons
is how a judge conducts himself or others to behave in your court.
tions and voters may argue over what
most constitutes a good representative herself, I believe the character and
or governor, the position of judge has temperament of a judge inevitably • Although you must trust
your own judgment, don’t
defined requirements that are nonne- undergirds behavior. Especially in fam-
gotiable in any individual who would ily court—where I have practiced as an mistake it for infallibility.

aspire to don judicial robes.
attorney for 28 years—a judge needs
In ancient times, Socrates laid out not only to be ethical in conduct but • demand respect for your office
also fundamentally a person who wants but work to earn personal respect.
four simple characteristics of judges
that still color our perception of a good to turn lose-lose situations into positive
outcomes. he or she must combine a • Show patience: as the presiding
jurist thousands of years later:
compassion for people with a dispas- judge, you should hope to be wiser
• to hear courteously
sionate evenhandedness toward the than everyone else in the courtroom,

case’s facts.
so don’t get frustrated on days when
• to answer wisely
A family court judge must be cogni- that turns out to be true.

zant that this courtroom is not always
• to consider soberly
a contest between right and wrong, • be a peacemaker.

good and evil. frequently, a divorce
• to decide impartially
can involve two excellent parents who With these guideposts in mind and a
both love their children and want what
Today, most states, as well as the little humility, few other professions
is best for them. Although we are not can have the same enormous positive
American bar Association, have judicial seeing these people at their best, what
codes of conduct. In 2012, Tennessee’s impact on the personal lives of troubled
appears before us is still a family, going families and serve the community as
Supreme Court promulgated the four through a difficult time.
canons of “Rule 10,” revising the code the family court judge can.
Instead of being in a position to
under which all our state’s judges pre- ensure justice is done and evil pun-
side over their courts:
David Valone is a veteran family law attorney who has been
ished such as in criminal court, a family practicing law in Knoxville, Tennessee for the past 28 years.
court judge may only be able to make
1. A judge shall uphold and promote He is a sole practitioner who has tried thousands of cases in
the independence, integrity, and im- the best of a bad situation. Naturally, most counties in East Tennessee. Mr. Valone is also certiied
that can be frustrating—especially
partiality of the judiciary, and shall given the caseload of most judges. over as a Family Law Mediator by the Tennessee Supreme Court.
avoid impropriety and the appear- His areas of concentration include cases dealing with divorce,
time, a family-court judge may become
ance of impropriety.
jaded. he or she may even go through
child custody, and child support issues.

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