Is it Forgetfulness or Something More?

What judges should know about changes in memory and thinking

The Ohio Lawyers Assistance Program receives many calls from judges, attorneys, colleagues and family members who are concerned about changes in memory or thinking. Sometimes the concern is about themselves. Other times, they have noticed something different in someone they know and are unsure whether what they are seeing is a normal part of aging or something that deserves more attention.

It is an understandable question. You might forget the name of someone you have known for years or walk into a room and cannot remember why you went there. You might sometimes lose your train of thought halfway through a conversation. Most of us have experienced moments like these, particularly as we get older, but what happens when those moments start happening more often, or when something simply feels different?

For judges, that question can carry additional weight. Your work depends on memory, reasoning, concentration, judgment and the ability to process large amounts of information. When something in that process begins to change, it can be difficult not to wonder what it might mean for your ability to continue doing the work.

It can be equally difficult when you notice changes in someone else. Perhaps you notice a colleague has started to repeat questions, forget conversations, struggle to find familiar words or make mistakes that seem out of character. You may wonder whether you are imagining it, whether it is any of your business, or whether saying something will embarrass or upset someone you respect.

In either situation, it is easy to jump ahead to the question no one really wants to ask. Does this mean something is seriously wrong? The short answer is, not necessarily.

Not every memory lapse is a sign of cognitive impairment, and noticing a change does not tell you what is causing it. What it can tell you is that it may be worth paying attention and asking questions rather than ignoring the concern or assuming the worst. The best place to start is with information, not a conclusion.

Not Every Memory Lapse Means Cognitive Decline

Some changes in memory and thinking are a normal part of getting older. Occasionally forgetting a name and remembering it later, misplacing your keys or taking a little longer to recall information does not necessarily indicate a serious cognitive problem.

There are also many reasons someone may experience changes in concentration or memory that have nothing to do with dementia. Poor sleep, stress, depression, anxiety, alcohol use, medications, nutritional deficiencies and certain medical conditions can all affect the way we think and remember.

Rather than trying to diagnose yourself or someone else, pay attention to whether there is a pattern. Is the change happening more frequently? Is it interfering with familiar tasks? Have other people noticed it? Does something simply feel different from the way you have always functioned?

When You Notice Changes in Yourself

Recognizing a change in your own thinking can be frightening, especially when your professional identity is closely connected to your ability to analyze information and make sound decisions.

It may also be surprisingly easy to rationalize. You tell yourself you are just tired, or the docket has been particularly demanding. You have too much going on at home. Everyone forgets things. And, yes, any of those explanations may be true. The important question is whether what you are experiencing is unusual for you.

If you find yourself repeatedly forgetting information you would normally remember, having difficulty completing familiar tasks, struggling more often to find words, becoming confused about things that were once routine or noticing changes in your ability to concentrate and reason, consider talking with your physician to find out what is really going on.

When You Notice Changes in Someone Else

Sometimes the first person to recognize a change is not the person experiencing it. It could be a spouse, a staff member or a longtime colleague.

That can put you in an uncomfortable position. You may worry about damaging the relationship or embarrassing the person. You may tell yourself that it is not your place to get involved, particularly when you are not certain what you are seeing.

Before jumping to a conclusion, consider the pattern. One forgotten appointment probably tells you very little. Repeatedly missed appointments combined with confusion, unusual decisions, personality changes or difficulty managing tasks that have always been routine may deserve more attention.

If you decide to have a conversation, approach it from a place of concern rather than judgment. Describe what you have noticed instead of telling the person what you think is wrong.

There is a significant difference between saying, “I think you have a cognitive problem,” and saying, “I've noticed you've seemed to be having a harder time keeping track of things lately, and I'm concerned about you.”

Why It Can Be So Hard to Ask for Help

For a judge, admitting that something feels different may raise questions that extend far beyond health.

What if someone thinks I can no longer do my job?

What happens if I tell someone?

Will this affect my career?

Does this mean I have to retire?

Those fears can make it tempting to wait, but noticing cognitive changes does not automatically mean someone has dementia, nor does it automatically mean a career has to end. Mild cognitive impairment is different from dementia, and cognitive symptoms can have a variety of causes, some of which may be treatable.

Start with a Conversation, Not a Conclusion

We have previously written about recognizing when it may be time to consider retirement. Cognitive decline can certainly become part of that conversation when changes begin affecting someone's ability to perform the responsibilities of the job.

But retirement should not be the first conclusion every time someone forgets a name or notices a change in concentration. The first step is understanding what is happening, which may begin with a physician or an assessment or referral to another professional. It may also begin with a confidential conversation with OLAP or the Judicial Advisory Group about what you have noticed and what your options are.

The same is true if you are concerned about another judge. You do not have to determine whether someone has a cognitive impairment before asking for guidance about how to handle your concern.

Sometimes the hardest part is simply saying, “Something seems different, and I'm not sure what to do.” That is enough to begin the conversation.

What Have You Noticed?

If you are concerned about yourself or someone you know, consider whether there has been a noticeable change in areas such as:

• Memory that interferes with everyday responsibilities

• Difficulty completing familiar tasks

• Increasing trouble following conversations or finding familiar words

• Confusion about time, places or routine matters

• Changes in judgment or decision-making

• Frequently losing items and being unable to retrace steps

• Noticeable changes in mood, personality or behavior

• Increasing difficulty concentrating or processing information

• Concerns raised independently by family members, colleagues or staff

  
  

This list is not a diagnostic tool. One experience does not establish cognitive impairment, and many different factors can affect memory and thinking. What matters is recognizing a pattern of change and seeking appropriate guidance rather than trying to diagnose the cause yourself.

You Don't Have to Figure It Out Alone

There is vulnerability in acknowledging that something about your memory or thinking has changed. There is also vulnerability in approaching a respected colleague and saying that you are concerned. OLAP and the Judicial Advisory Group provide confidential assistance to judges who have concerns about their own well-being or the well-being of another member of the judiciary. They can help you think through what you are seeing, identify appropriate resources and determine what steps may make sense.

If something has changed, finding out why is far more useful than assuming what it means.