What to do about impaired judges: A Ken White story about events nearly 30 years ago

Ken White is a California attorney and podcaster. His Twitter account, @Popehat, is active, pungent, and often enlightening. And he also has a Substack. His most recent Substack piece, "Who Judges the Judges?" is a powerful remembrance about his ultimately unsuccessful efforts to help a federal judge confront his alcoholism.

Lawyers don't usually write about these things. I do not believe that Mr. White was employing some rhetorical device in confessing his reluctance, even now, after all of the principal parties involved are dead; I believe his reluctance was sincere -- and deeply ingrained in most of us.

Most of us, that is, if one excludes the anonymous trolls who would see this post as an opportunity to try and smear sitting judges in the comments to this post, were I to permit comments.

Which I won't, thank you.

Instead, I'll offer a commercial for the Illinois Lawyers’ Assistance Program (LAP). The services provided by LAP are entirely confidential. Quoting now from the LAP website:

Illinois Supreme Court Rule 1.6(d) mandates confidentiality for all information received by LAP volunteers and trained interveners during interventions and related meetings. Both the volunteer and client are assured that anything disclosed is specifically protected by the attorney client privilege. The only exception relates to a client signing a release of information asking LAP to report on his or her behalf to another organization or individual. Additionally, the Interveners and Reporter Immunity Law guarantees immunity for LAP Volunteers and those who participate in its work.

It's a conundrum, I realize. The more we care, the more reluctant we may be to talk about a judge's, or a colleague's, alcohol or drug abuse. Gossips may snipe about this judge or that one knocking back more than a couple of barley pops at a golf outing, or slurring just a bit when making small talk at an awards dinner. But if someone is important to us -- a dear friend, a family member -- we are first inclined to look the other way, or even make excuses when we hear damaging rumors. But these persons most inclined to be silent are often those best equipped to determine whether a person has developed a real problem.

As in so many things, the helpful thing is not to say nothing, but to say the right thing, at the right time, to the right people. Mr. White tried, a generation ago, and failed. Sadly, failure is always a possibility because, ultimately, the person who is drinking too much, or abusing medication, must take responsibility for his or her own problems. No matter how much people around him or her may care. Or plead. Or even beg.

LAP is no magic bullet. But it is a powerful tool. It might have been helpful for Mr. White 30 years ago. Mr. White's willingness to come forward now might provide that last necessary nudge for someone to seek help now. For yourself, perhaps, or for someone about whom you care. LAP's email address is gethelp@illinoislap.org.