In a previous essay (Saxe, What Makes a Good Appellate Judge?, NYLJ, Dec 2, 2013 at 6, col 4), I offered thoughts on the qualities of good appellate judges. That led me to consider the characteristics of the job itself, compared to the job of a trial court judge, and ask whether a successful trial court judge would necessarily enjoy and prosper at an appellate court.

It is natural for trial court judges to aspire to the appellate court, which is a promotion, with greater pay, prestige, freedom and autonomy. But satisfying your ambitions can bring you to a position where the work fails to give you the same satisfaction as your former position did. Although you will be clearly capable of performing the work required, it may be less pleasant, more frustrating or even annoying. People do not do their best work when they do not enjoy what they are doing.

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