Professor Terry Maroney of Vanderbilt University contends that there are two traditional ways of defining “judicial temperament.” The first is to set out a laundry list of desirable traits—compassion, decisiveness, open-mindedness, courtesy, patience—without saying how, if at all, the things on that list impact judging. The other approach treats judicial temperament as some undefinable quality that a person either has or lacks. Neither approach is particularly helpful in cultivating, selecting, or supporting judges who make sound decisions and behave ethically. This session introduces Maroney’s psycho-legal theory of judicial temperament and examines how operationalizing judicial temperament makes it possible to cultivate traits that are correlated with judicial behavior that is in line with the Model Code of Judicial Conduct, especially in the area of judicial demeanor as set forth in the Model Code of Judicial Conduct Rules 1.2, 2.2, and 2.8.

Character strengths are capacities for thinking, feeling, and behaving; they are positive personality traits that can be developed. The 24 VIA character strengths are universal, and everyone expresses all 24 in varying degrees. Signature strengths are those strengths that are core to a person’s identity and values, while situational strengths are those that a person can draw on when needed and may require more energy and intentionality. Values are either present in or absent from the choices people make every day. Clarifying one or two core values creates a filter for decision making. Utilizing the work of Dr. Brené Brown, participants identify one or two core values and operationalize them. This session includes building embodied present moment awareness so participants can identify when they are operating within or outside of their strengths and values and how that impacts judicial behavior and decision-making. Participants will identify how their strengths and values interact with and align with the Model Code of Judicial Conduct, especially in the area of judicial demeanor as set forth in the Model Code of Judicial Conduct Rules 1.2, 2.2, and 2.8. They will name behaviors which embody those values, as well as warning sign behaviors that signal when they aren’t aligned with their values. They will also identify support people who will hold them accountable for staying within their values and in compliance with ethical judicial conduct.

When emotions arise more quickly than they can be processed, they can impact brain function and drive behavior, impacting cognitive abilities, decision-making powers, and interpersonal skills. This session explores abilities that are traditionally seen as “soft skills,” such as emotional regulation, connection, authenticity, empathy, and communication, and how the expression (or lack of expression) of these skills impacts judicial behavior, especially in the area of judicial demeanor as set forth in the Model Code of Judicial Conduct Rules 1.2, 2.2, and 2.8.

Clear communication is essential to building and maintaining trust, and it is at the core of ethical behavior. Kim Scott’s Radical (Compassionate) Candor framework sets forth a guide to being clear and kind, specific and sincere. Setting boundaries and having difficult conversations is at the core of judicial responsibility, and these duties can be fulfilled in a way that is respectful. Setting boundaries can be defined as clearly stating what’s okay and what’s not okay, and why. Boundaries are there to protect both parties and can be viewed as guardrails that assist a person in staying within their values. Failing to set, communicate, or maintain clear boundaries can lead to repetition of difficult situations or issues, resentment, anger, and burnout. This session will provide participants with a clearer understanding of how to communicate and actively manage boundaries, as well as how clear boundaries support behavior that is consistent with the Model Code of Judicial Conduct, especially in the area of judicial demeanor as set forth in the Model Code of Judicial Conduct Rules 1.2, 2.2, and 2.8.

Intentional scheduling is a practice that includes protecting time for the “must-do” items, knowing how and when to say “no,” scheduling breaks and specific time to review email, the queue, etc. It also includes being mindful about fueling and moving the body to build and strengthen stress resilience. A final component of intentional scheduling is learning to notice when emotions are high (either your own or those of others), energy is low, or other situations that call for flexibility (and perhaps deviating from the set schedule) before problematic behavior arises. This session will provide participants with a better understanding of how to manage both their time and energy in a way that allows them to fulfill their responsibilities as a judicial officer while maintaining demeanor that is consistent with their values and the Model Code of Judicial Conduct, especially in the area of judicial demeanor as set forth in the Model Code of Judicial Conduct Rules 1.2, 2.2, and 2.8.

This session is a time to review the content of prior sessions, answer any questions, and discuss how everything that was covered fits together. It includes a review of the ethics concepts and professional obligations covered during the program. Participants leave the final session with a plan that includes: * Signature strengths and behaviors that exhibit them. * Situational strengths and the impact tapping into them has on energy and emotional state, as well as the impact on judicial conduct, especially with respect to Model Code of Judicial Conduct Rules 1.2, 2.2, and 2.8. * Guiding values, behaviors that exhibit them, warning behaviors that are outside of them, and precipitating emotions that can be identified before warning behaviors occur. * Identifying a trusted person(s) who can serve as an accountability partner. * How to strengthen and tap into emotional intelligence skills to support behavior that is consistent with the Model Code of Judicial Conduct. * How to communicate with others, including litigants, court staff, and attorneys, in a way that is both clear and kind that supports conduct in accordance with Model Code of Judicial Conduct Rules 1.2, 2.2, and 2.8. * How to identify what boundaries are non-negotiable to support guiding values and behavior in line with the Model Code of Judicial Conduct, and how to communicate and actively manage those boundaries. * How to be more intentional about setting and managing time and energy to support improved professional conduct.