Joys, perils, unpredictabilities of substitute judging

The term “Substitute Judge” has certain connotations to it. While not necessarily a uniform approach, some attorneys I have encountered appear to view such judges with a modicum of disdain, often using the term “Sub Judge” almost as a slur, with a certain cacophony not unlike a disgruntled 7th grader might utter in describing the unexpected appearance of a substitute teacher in middle school.

I was appointed as a district court substitute judge by the circuit court judges in August 2004. At the time, I considered it the pinnacle of a 30-year career as an attorney and still give it a high rating. I served in this capacity until I became a full-time judge in July 2015, at which time I considered it the pinnacle of a 41-year career as an attorney and still retain that sentiment. At the hearing before the Joint Judicial Committee for appointment, I, like all other candidates, was asked why I wanted to be a judge. I responded this way: “I had been a substitute judge for almost 12 years. I felt it was a natural progression for my legal career to advance to the judiciary. When Sen. Jill Vogel called and asked me if I would consider this appointment, I said that ‘it was like playing for the Columbus Clippers for 12 years and getting a call from the Yankees.’”

On May 1, 2020, upon mandatory retirement because of age, I was designated as a recall judge for both general district and juvenile courts and continue serving in that capacity with the same convictions held for my previous appointments.

I have never met an attorney appointed as a substitute judge who has not been honored to serve the Commonwealth of Virginia in this manner. It certainly isn’t for the money. Most practitioners actually lose money fulfilling their part-time judicial assignments, which in the early days was $200 per day, $100 for a half-day. Rather, it is the educational and professional enrichments which accompany the dignity associated with that selection and links attorneys with this calling. Within that recognition, these attorneys welcome the opportunity to be on an entirely different level in the practice of law. I often commented to others that serving as a substitute judge made me a better lawyer and being a better lawyer made me a better judge.

Among the first observations I made when starting out was how much attorneys said in court that they didn’t need to say. I don’t recall repetition and redundancy being taught in law school, but I quickly ascertained that convincing evidence exists that those courses must have been taught.

I also learned that the phrase “Briefly, your honor,” had to have been drilled into the minds of first-year law students as a required response to the inquiry from the court as to whether counsel had any further argument.

Upon reflection, I also have noticed a difference in my personal schedule when cancellations occurred to my judging assignments, first while I was sub-judging, and later while recall-judging as a retired judge. In the former situation, I always had other work to do if I was called off, plus that work was far more profitable.

In the latter situation, when cancellation occurs, I have nothing else to do. The result is I go to Belk and buy what turns out to be my ninth full zip gray sweater, a pair of yellow Sketchers and two pairs of navy-blue socks to go into my sock drawer already containing 51 navy blue socks, 37 of which do not match. Let me tell you, if you had not already surmised, that no one, especially a 79-year-old retired judge, ever, under any circumstances, needs a pair of yellow Sketchers.

Cancellation of judging assignments is an integral component of the world of substitute judges. It falls in line with the shear lack of certainty that is a substitute judge’s fate. The starting point on this is that you never know when or where or why you will be called in the first place. That determination is made by the clerks, in concert with the judges. The clerks are quite considerate in their selection of substitute judges. It obviously varies from court to court, and they are quite equitable in their selection. Every clerk needs a go-to sub that they can call at 6 a.m. to come in at 8 a.m. and most have a pecking order list of whom to call in panic situations. I was fortunate to be in that position with various courts and tried to accommodate last-minute requests as often as I could.

That leads us to the other side of the spectrum. Often, a clerk will call a substitute judge months in advance to lock in defined dates the regular judge has requested for, say, two weeks at Nags Head in July. I will mention here that it is a substitute judge’s absolute delight to be provided with a fixed predictable schedule in advance. The problem arises, however, when, after you turn down numerous requests from other courts for the same period of time, the judge, to your chagrin, decides the night before you were supposed to start that he or she has cancelled the vacation plans and will not be needing a sub after all. I can only say here that, when that happens, the yearning to acquire more yellow Sketchers is somewhat compromised.

Notwithstanding these observations, it is clear to me that the positives of being a substitute judge far exceed the lack of predictability. Most enjoyable to me has been the connectivity with so many clerks, bailiffs, attorneys and prosecutors. With the opportunity to be in so many courts with so many engagements with so many wonderful people, I have been enticed by these extraordinary connections. I am confident that my colleagues in the substitute judging world feel the same way.

For 20 years I took my family to the Homestead in Hot Springs for a three-night visit around New Year’s Eve. The reason I mention this is to emphasize that we became engaged with various dining room captains and waiters who were there year after year. In that vein, I mention, with comparable sensitivity, that the same type of bonding has occurred on a regular basis with everyone I continue to encounter in the various courts in which I appear.

Recently, I spoke with a judge who just retired and was quite enthusiastic about sub-judging with as much frequency as could be scheduled. Her approach to continuing to return to court as often as possible was quite poignant. “My post-retirement life has some areas of concern for me and continuing to be in court on a regular basis creates a diversity for me which balances doing what I love to do and diverting my attention from my apprehensions on personal matters,” she said.

While my reasons to keep on judging differ slightly from that, I think that her pursuit of what she loves doing is admirable.

The upshot is that everyone who engages in substitute judging has the same depth of affection, often for different reasons, regardless if they are attorney sub judges or retired recall judges. The difference between the two is that, in Virginia, a substitute judge is a lawyer who has been appointed by the circuit court judges to fill in for judges as absences may occur. A recall judge is someone who actually served as a sitting judge and has retired. There are two differences. The lawyer judge is designated as a substitute judge and the retired judge is designated as a recall judge, having priority on being selected over attorneys. For practical purposes, the two categories are normally lumped into the term substitute judge. I was honored to be in both categories.

Not to sound self-serving, but I think I have served almost 2,000 days in 30 different courts over my two different terms as a substitute judge and probably have served about half that number of days as a full-time judge. My respect and dedication for both opportunities is exactly the same. As proof of the possible joys associated with substitute judging, my daughter, Anne Williams, was appointed as a general district court judge in the 26th Judicial District in 2024 and, not only have we judged together in the same court, but also I have substituted for her on multiple occasions. It doesn’t get any better than that.

Ian R.D. Williams is a retired general district court judge for the 26th Judicial District and an active retired recall district court judge.