Balancing an Understanding of Trauma with Accountability
Most people who come to court are not coming for happy reasons.
Court is there to handle issues that can’t be resolved outside of the court system and to provide a structure so that all parties’ rights are protected.
When people come to court, they are often in difficult situations, whether experiencing a divorce, requesting a restraining order, having been charged with a crime, having their children removed from their home and placed in foster care or being evicted, just to name a few.
And studies and experience has shown that most people who appear before judges are very often either experiencing trauma or have been affected by trauma — and are there due to the impact of trauma in their lives.
Experience and Training with Trauma
I am the mother of a child with a significant trauma history. This child came to us at age two having experienced pervasive abuse and neglect. That early childhood trauma continues to affect this child to this day.
In an effort to be the best parent that I can, and the type of parent that my child needs, I have spent many, many hours reading about early childhood trauma, attending trauma trainings and going to trauma related therapy sessions. I have a deep understanding and appreciation of the impact trauma can have on an individual. That experience allows me to treat every individual with dignity and compassion.
Understanding, Respect and Accountability
For example, parents who are the subject of CHIPS (Children in Need of Protection and Services) cases, have had their children removed from the home due to the fact that the children have experienced abuse and neglect while in the home with the parents. Clearly the children have been impacted by trauma and must be protected from exposure to any further abuse and neglect.
However, very likely the parents have also been impacted by trauma. They may have grown up in an abusive home and not know how else to parent. They may be struggling with untreated mental health issues or addictions.
The parents in these cases need to be treated with dignity and respect. They need to have their voices heard. Yet they also need to be held accountable to actively participate in any services offered, to successfully complete needed treatment, so that they will no longer harm their children.
Another example is defendants who are charged with a crime, especially a violent crime. Defendants who have been charged with a violent crime, if they are ultimately convicted of that crime, have clearly caused their victims to experience significant and often life-changing trauma that will take years for them to heal from.
However, defendants also are likely coming from a traumatic past. They may have witnessed very frightening and painful events as children, or been the victim of abuse and neglect themselves. Or perhaps they are struggling with their own mental health issues or addictions. Defendants need to be treated with respect and compassion. They need to have their voices heard.
Yet they also must be held accountable for their actions and the public must be protected from harm.
And victims also have a right to be heard, to be protected, and a right to restitution if they so desire.
My Promise as a Judge
One of the challenges of being a judge is to treat every individual with dignity and compassion, while still holding them accountable for their actions. Judges are tasked with protecting all parties’ rights, treating all parties with dignity and compassion, ensuring that all voices are heard, holding those responsible for their actions, and protecting the vulnerable.
As a judge, I will always remember that everyone who appears in front of me is human, and may very well be coming from difficult circumstances.
I promise to treat every person with dignity, respect and compassion, while holding those responsible accountable for their actions and protecting the vulnerable.
