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How the NJC Helped Me Become a Better Judge

By Hon. Karen Arnold-Burger, Municipal Court, Overland Park, Kansas

2/4/2008

“I learned much about life in that position”

U.S. Supreme Court Justice Hugo Black, in one of his last interviews in 1971, referring to his tenure as a Birmingham municipal judge, 25 years before he was appointed to the U.S. Supreme Court by Pres. Roosevelt.

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When I was appointed to the municipal court bench more than 17 years ago, the presiding judge in my court immediately recommended that I attend the Special Courts Jurisdiction: Advanced course at The National Judicial College in Reno. I had been a former prosecutor at both the city and federal level and felt I knew my way around the courtroom well. I was convinced that this was totally unnecessary. I had three very small children that I couldn’t imagine leaving for two whole weeks. Besides that, I had never heard of The National Judicial College. My first evening presiding over “night court” changed my mind.

That fateful night, I found myself faced with a courtroom of more than 100 people and more arriving with each passing hour. I had no court security at the time, merely one unarmed, 70-year-old, overweight ex-police officer bailiff with a drinking problem who was often caught snoring during trials.

The defendant exploded into the courtroom and stumbled drunk up the center aisle shouting for her attorney “Harlan Long, Harlan Long are you in here?” All eyes turned to me. How should a judge handle such behavior? I started experiencing something I would equate today with a hot flash. I had no idea what to do. The people in the audience expected me to do something. You could have heard a pin drop. I called the defendant forward. I told her that her attorney was not present and that she was disrupting the proceedings. I told the bailiff put her in one of the adjacent holding cells, which fortunately he was able to accomplish. I figured I would decide what to do with her once I had cleared the courtroom and had more time to think. The docket lasted more than three hours. The holding cell shared a wall with the courtroom. For three hours this woman banged on the wall shouting, “Let me out of here, I want my attorney,” as well as several other colorful and unprintable expressions of her disdain for me and the Court. That night I decided maybe I could learn something at that judges’ school in Reno.

I was not disappointed. For two weeks I had the opportunity to meet judges with similar dockets from all over the country. I had the opportunity to learn about what powers I had when it came to contempt and how other judges had handled similar situations. They even tipped me off to some situations they were sure I would have to deal with in the future (and they were right!). Although I had a pretty firm grasp of search and seizure law and the rules of evidence, to discuss these topics from a judge’s perspective was very eye opening. I was taught by a faculty that was incredibly enthusiastic about sharing information. I also learned about caseflow management, judicial ethics, the role of the judge, small claims court processes, domestic violence, administrative hearings, and much more. The instructors even encouraged us to call them when we got back home if we had questions or needed help. I returned to Kansas with so many ideas of changes to make to improve the operation of the court that the presiding judge was now questioning his own judgment in sending me.

A few years later, NJC Program Attorney Verdene Johnson called and asked if I would like to return to the College as a facilitator. I wasn’t sure about leaving for another two weeks, but she convinced me it would be very rewarding. She was right. Even though I was sitting through the same classes, I learned something new from each one. The faculty was just as enthusiastic, although I know they had taught the same topic dozens of times since I saw them last. And again, the interaction with judges from around the country was invaluable.

Eight years ago, I began teaching at the College, primarily the traffic court section of the Special Courts Jurisdiction course. I now understand why faculty members come back year after year. (Trust me, it is not for the pay, which is zero). First, you always learn something from the other judges in attendance. The ability to share the ups and downs of being in the judiciary with both lawyer and non-lawyer judges is very rewarding. Second, I have met a wonderful and expanding group of limited jurisdiction judges that I now consider friends and call on frequently for advice or ideas. And third, it certainly makes me a better judge. Based on the improvements that have been made to my court since I first attended the College, the city that employs me has more than received its money’s worth out of my attendance and teaching over the years.

It is undisputed that trial courts of limited jurisdiction handle the bulk of litigation in the United States each year. When you consider traffic courts, juvenile courts, criminal ordinance and misdemeanor courts, small claims courts, domestic relations courts, landlord-tenant courts, tribal courts, probate courts, and workers’ compensation courts, among others, many estimate that as many as 90 percent of all cases in this country are heard in special jurisdiction courts.

Many of these courts suffer from a lack of resources. Often, they have no permanent courtroom, meeting instead in city offices, community meeting space or even restaurants. Municipal court judge, Hon. Hugo Black’s courtroom was described by one reporter of his day as a “dingy, dank, dark, and dirty back room in the city hall that was mis-termed a courtroom … The docket consisted mainly of persons arrested for drinking, using dope … shooting craps, thievery, vagrancy, fighting or marital disturbances … The caseload on Mondays was especially heavy and the odor stifling.”

In larger communities, the caseload volume is high. Thousands of new cases are filed each month. Many litigants appear pro se. For many people, represented or not, this is their first experience with a court.

By training judges to handle these difficult caseloads, the College is serving a vital role in improving the image of the judiciary and the legal system for all citizens. It has allowed the professionalism to rise in local courthouses all over the country. I am sure Justice Black would be proud.

If you are a limited jurisdiction judge who believes you can benefit from two weeks of learning from and sharing with judges from all over the country, consider attending the Special Court Jurisdiction and Special Court Jurisdiction: Advanced courses offered April 28-May 8, 2008, in Reno, Nev. Please call (800) 25-JUDGE for more information or to enroll.