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Eroding Civility and Its Effects

A view from the bench written by Chief Justice Elissa Cadish (COMMUNIQUÉ, Nov. 2024)

By Chief Justice Elissa Cadish

In recent years, there has been a growing and alarming lack of civility in our legal system generally, and relatedly, a seeming increase in mental health concerns and effects of stress among members of the legal profession. There have been threats and attacks on judges across the country, including here in Nevada. In 2006, a judge in Reno was shot in his chambers by a litigant. In 2010, a court security officer was shot at the federal courthouse, in Las Vegas, by a litigant in a case pending before that court. More recently, earlier this year, a judge in Las Vegas was attacked by a party in her courtroom. We are all aware of an incident at a deposition in Las Vegas several months ago where an attorney shot and killed two people, including opposing counsel, before turning the gun on himself. I am also aware of several other attorneys and judges who have taken their own lives in the last five to ten years.

It seems to me that we all need to step back and consider how the stressful and adversarial nature of handling legal cases is affecting us. All participants in the legal system have important jobs, and every legal case is indeed important. However, litigating a case in the legal system should not literally involve going to war. Attorneys can advocate, vigorously, for their clients without demonizing the parties and lawyers on the other side. Judges should rule on cases fairly, without attacking attorneys and parties who appear before them. Television show judges should not be our role models! These personal attacks and personal conflicts are taking a toll on our mental health. Moreover, this warrior mindset affects our clients. Attorneys are supposed to be the objective ones who give reasonable analysis and advice, not the ones amping up our clients about what horrible people those on the other side are. We need to bring the temperature down and recognize that we have far more in common than our differences. We need to recognize that we are all human beings and we all deserve a little bit of grace once in a while. When we see another attorney (or party) dealing with personal struggles, we need to offer help and support rather than taking advantage of a perceived weakness.

Please take a moment and consider your own mindset about the cases you are involved in. Have you gotten too personally caught up in the day-to-day battles? Are you turning to alcohol or other substances as the only way to relax and stop thinking about work? Have you thought about harming yourself or others? If so, please get counseling or other help before it is too late.

About the author

Chief Justice Elissa Cadish was elected to the Supreme Court of Nevada in 2018, joining that court in 2019. She assumed the position of Chief Justice on January 2, 2024. Chief Justice Cadish served as a district judge in the Eighth Judicial District Court from 2007 to 2018.

About the article

© 2024 Clark County Bar Association (CCBA). All rights reserved. No reproduction of any portion of this issue is allowed without written permission from the publisher. Editorial policy available upon request.

This article was originally published in the Communiqué (Nov. 2024), the official publication of the Clark County Bar Association. See https://clarkcountybar.org/about/member-benefits/communique-2024/communique-nov-2024/.

The articles and advertisements appearing in Communiqué magazine do not necessarily reflect the opinion of the CCBA, the CCBA Publications Committee, the editorial board, or the other authors. All legal and other issues discussed are not for the purpose of answering specific legal questions. Attorneys and others are strongly advised to independently research all issues.

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