The scales of justice.

When Oregon Attorney General Ellen Rosenblum was asked recently to talk to the National Judicial College about how to be a good judge, she told college president Benes Aldana, “You know Ben, I'm really not a judge anymore.”

Aldana replied, “Yes you are. Once a judge, always a judge.” So Rosenblum, who served for 22 years as a trial and appellate judge in Oregon before becoming the state's elected attorney general in 2012, agreed to speak to a group of newly minted state and local judges in April about becoming a good judge.

Rosenblum told the National Law Journal that her main message was to urge her audience not to become “judicial couch potatoes,” withdrawing from community involvement for fear of violating judicial ethics rules.

Certainly, Rosenblum said, judges should abide by ethical canons, but even so, “there is so much you can do as a judge in the community.” She said, “a lot of judges don't think they can do anything” outside of their judicial duties. In her own career as a judge, Rosenblum initiated a citizen conference to improve public understanding of the judicial system and a “Tell it to the Judge” event in which judges answered questions from the public at shopping malls.

But in planning her April talk, at the last minute, Rosenblum decided to add a list of suggestions on how new judges can become good judges. “People like lists. These are the things that popped into my head, and for me, having gone from being a trial judge to an appellate judge also gave me a perspective that I thought might be helpful.”

Some of the 11 tips she offered may seem surprising. One tip urges judges to develop helpful relationships with lawyers, jurors, fellow judges and even journalists.

Ellen Rosenblum

For example, Rosenblum encouraged judges to mentor lawyers in their community. “Going for a walk with or taking a young lawyer out to coffee might be the most thrilling moment of that lawyer's career thus far. It will also get you out of the courthouse and into the fresh air for a healthy break,” she told the new judges.

In the interview with NLJ, Rosenblum cautioned that this type of contact shouldn't occur with “the lawyer who's on the case in front of you.” But as a judge, she recalled, “I realized how little it takes up from my time to have an impact on a young person who is getting started or maybe in a transition. I can take half an hour out of my day. I don't do it every day, but it's just amazing how helpful and important that could be.”

Other lawyer-friendly advice from Rosenblum: Give lawyers enough time to establish their record, and don't hesitate to ask lawyers to educate them on issues on which they may not be experts.

Another tip: “Set your ground rules early when it comes to discovery practice.” Rosenblum said: “If the lawyers believe you are in control, they will get along better, and your role as referee will take up less of your precious time.”

On making the record, Rosenblum said, judges should make the time “even if you are feeling antsy about the time and ready to move on. I didn't realize the importance of this until I became an appellate judge and the records simply didn't always match up to the arguments—sometimes on account of an impatient trial judge.”

As for asking to be educated, she said, “It is okay to say you are new to the subject matter—no one expects you to be an expert. You are a judge of general jurisdiction for a reason, and lawyers will respect you for not trying to fake what you don't know.”

Rosenblum also urged new judges to make collegiality with their colleagues a priority, to chat with jurors after a trial is over, and to never say “no comment” to an inquiring journalist. On the last point, she said, “There's almost always something you can say [to a journalist] that is a matter of public record. If not, just consider a question as an opportunity to educate the media as to why you are unable to discuss the case.”

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