Courts

Not All Lawyers Want To Be Judges

Being a judge is hard work. Sure, everyone feels obligated to laugh at your jokes, but it's still a lot of hard work.

By Jordan Rothman on August 18, 2021 4:46 pm

Two lawyers walk into a bar … Oh, you’ve heard this one before?

I was recently at a dinner party, and I struck up a conversation with someone I do not know that well. We started talking about our careers, and after telling this person that I was a lawyer, she inquired if I wanted to be a judge someday. I stumbled in my response since I had not really thought about this career goal much, but I related that I would love to be a federal judge if I somehow ended up with the honor, but I would have to evaluate my life situation if I was ever offered a state judgeship. I think most lawyers would think this was a reasonable position. This other person seemed baffled by my response and said something along the lines of “don’t all lawyers want to be judges?” Although being a judge is a great honor, and a career goal I may want for myself, there are many reasons why not all lawyers want to be judges.

One of the biggest reasons why many lawyers may not want to be judges is that judges often make less money than many other types of lawyers. Don’t get me wrong, judges make a comfortable living, and they likely do not want for much on their salaries. However, the income of a judge pales in comparison to other opportunities in the legal profession, and judges are usually limited in the amount and nature of outside gainful employment they can pursue.

Junior associates in Biglaw likely make more money than many judges. In addition, many other attorneys might make more money than most judges. Lawyers like everyone else can develop “golden handcuffs” which makes it difficult to break free of their current career path since they would have to make financial sacrifices that would impact their lifestyle. Don’t get me wrong, being a judge is a great honor, and sacrificing one’s income potential to serve the public good is very honorable. However, it might be difficult for some lawyers to take this financial leap, and this might restrict some lawyers from pursuing judgeships.

Another reason why many lawyers do not want to be judges is because of the attention and bureaucracy associated with being a judge. Judges often need to complete financial disclosure forms and other similar documents to ensure that they do not have conflicts of interest when reviewing matters. However, such paperwork can be annoying to prepare, and many may not want to publicly reveal private financial information about themselves. In addition, judges often cannot make political statements and conduct certain activities that might impugn the judiciary, which can feel restrictive to some.

Judges are also subject to public scrutiny in ways that private lawyers are not. Things that judges say or do in their private lives might be more newsworthy simply because the judge is a public servant. Moreover, some law clerks have told me that judges routinely get threatened by litigants or others involved in the judicial system who may have received an unfavorable outcome. Such attention can take its toll, and it might be difficult for some people to be scrutinized as much as public officials like judges are evaluated.

Moreover, being a judge is extremely hard work. Some people, especially outside of the legal profession, may believe that it is easy to be a judge. Indeed, judges typically have law clerks, court attorneys, and other staff that might make it easier to conduct all of the tasks needed by a judge to oversee his or her docket. However, judges are often responsible for hundreds, if not thousands, of cases. Judges are usually expected to review all of the papers submitted on a given motion to be apprised of matters that come before a court. Moreover, judges need to review numerous documents that are submitted for signature to be sure that the judge is making the appropriate decisions.

In addition, if the judge is overseeing a trial, this process can be even more difficult. A judge who has a case on trial might be expected to be in the courtroom from 10 a.m. to 5 p.m. on and off each day with only intermittent breaks. In those breaks and after hours, judges need to complete all of the other tasks that must be accomplished to ensure that all of the cases that are not on the docket are being handled properly. Judges often need to manage a ballet of motions, trials, paperwork, and other judicial tasks, and it can be tiring for judges to put in the countless hours that the job often requires.

Of course, being a judge has a lot of perks. People are more obliged to laugh at a judge’s jokes, judges command a great deal of respect in their communities, and there is a great sense of pride that can come from completing public service. I would very seriously consider any opportunity to be a judge that came my way in the future. However, being a judge also oftentimes requires hard work, public scrutiny, and a pay cut, and many lawyers may understandably not wish to make these sacrifices to become a judge.

Jordan 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 [email protected].