When I was a young lawyer, I had a colleague who was an excellent, first-rate lawyer in a field other than divorce law. We worked together for years at the same law firm, and I always had a feeling that one day he might become a Superior Court judge.
Years later, that's exactly what happened. There was only one problem.
He had made it clear to everyone who knew him that if he ever became a judge, he did not want to be assigned to Family Court.
And, as life sometimes works out, when he was appointed to the bench, that's exactly where he was assigned.
Fortunately, my former colleague ultimately became a good Family Part judge. In fact, over time, he developed an affinity for Family Court.
But I've known many judges throughout my career who didn't want to be in Family Court when they were first assigned there. Some ultimately became very good Family Court judges.
Others simply got through the experience. And I think that's a problem.
In my view, new judges who express a strong dislike for or discomfort with the Family Part should not be forced to begin their judicial careers there.
The work is simply too important.
Family Court judges make decisions involving divorce, child custody, parenting time, child support, alimony, domestic violence, and other deeply personal issues.
These aren't minor decisions.
A judge may be deciding where a child will live, how often a parent will see that child, how a family will financially support two households, or what protections are necessary in a domestic violence case.
The people making those decisions should want to be there.
I've seen Family Court judges who truly care about the work. They work through lunch. They stay well past normal court hours. They take work home with them. They understand that the cases in front of them involve real people dealing with some of the most difficult circumstances of their lives.
Of course, a judge who didn't initially want a Family Court assignment can still work hard and become an excellent judge. I've seen that happen.
But like anything else in life, someone who genuinely wants to do a particular job will often bring a different level of interest and commitment to it than someone who feels forced to be there.
And when the job involves making decisions about children and families, I think that matters.
For that reason, I believe new judges have a responsibility to speak up if they truly do not want to serve in the Family Part.
I also believe New Jersey's judicial administration should take those concerns seriously when deciding where judges can best serve the public.
That doesn't mean every judge gets to choose exactly where he or she wants to sit. Obviously, the court system has staffing needs and responsibilities that have to be considered.
But there should be significant value placed on having judges in Family Court who genuinely want to do this work.
Ultimately, this isn't about making judges happier with their assignments.
It's about the families appearing before them.
Divorce and family law cases involve crucial, sensitive, and sometimes life-changing decisions. The people making those decisions should be competent, thoughtful, and committed to understanding the families whose lives are being affected.
New Jersey families deserve Family Court judges who don't simply accept the assignment because they have to.
They deserve judges who want to be there.
Until next time,
Steve