Lessons From the Bench

On August 31, 2022, six judges in Nashville and Davidson County, whose years of service collectively total more than 175 years, retired from judicial service. As they passed their proverbial gavels onto their successors, each judge was honored and celebrated for their years of service, numerous accomplishments, and unfettered dedication to the law.

With high regard for the newly-elected judges, Circuit Court Judge Randy Kennedy and Criminal Court Judge Mark J. Fishburn recalled the challenges they both faced as new judges and revealed the parallel lessons that they learned along the way.

Transitioning From Practitioner to Judge is Difficult.

“The greatest challenge for me as a new judge,” said Kennedy, “came with the realization that I no longer represented a party to a lawsuit. I was no longer the [client’s] warrior.” Rather than being “the passionate advocate” in court, he instead needed to be “the objective and sometimes antiseptic umpire.” It took him about a year to conclude that he was no longer a litigator.

Likewise, Fishburn said it took between six months to a year before he felt comfortable in the role as judge. “It was initially difficult to refrain from wanting to get off the bench and take on the role of the lawyer because trial was so deeply ingrained in my psyche.” In times of novice-discomfort though, Fishburn quickly found that “appropriate humor is a great elixir to reduce courtroom tension.”

Develop a Courtroom Style that Benefits Everyone.

Judge Kennedy and Judge Fishburn are greatly respected for cultivating supportive environments in their respective courtrooms, for both the parties and attorneys alike. In criminal court, Fishburn recognized that “Victims, defendants, and the attorneys have enough stress without me adding to it.” Therefore, he followed the adage, “It is better to be seen than heard” and he strived to maintain a relaxed, laid-back, friendly, and patient atmosphere, with no looming clock hanging in his courtroom.

Whether presiding over estate, conservatorships, or guardianship matters in the Probate Court, Judge Kennedy said, “I’ve always been a judge who endeavored to provide a non-threatening environment, striving to make folks feel welcome and comfortable in a place that is really their courtroom.” He continued to say, “Over the years, I suspect I became a better listener and more adept at separating facts and evidence from hype and spin.”

Be Mindful of Challenges, Ask For Help, and Take A Recess if Needed.

Balancing the competing interests of the parties is a challenge. Judge Fishburn found sentencing decisions especially difficult as a new judge. “Having the wisdom to know how and when to exercise the significant authority bestowed upon me,” he said was a challenge. He understood that “having the power to do an act does not

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