I have written from time to time about lanes. We all have them before us, and sometimes there are even guardrails to help us with staying out of the ditches. There was the pickling group in Texas; see Got Milk (October 2018). Then there was the consultant in Stay in your lane (May 2020)(I forgot that I wrote on anything in 2020 except SARS-CoV-2).
Judges are no different. We likewise need to both observe and respect lanes, see Knowing how Things Really Are (January 2021). Notably, I am not a doctor; I have said it before, see Medical Review and Qualifications (March 2017). And perhaps giving some amount of dietary advice is OK for anyone, in a gratis manner. I can tell you but not charge you, October 2019.
All of these came back to me when the news recently featured a Judge who provided advice on psychiatric medication from the bench. There have not been any news stories that support the judge is also a medical doctor, though that is possible.
According to the Tampa Bay Times, defendants "in a series of misdemeanor hearings" were told to stop "using prescribed mental health medications." The judge allegedly warned that they "are addictive" and frustrate efforts at sobriety. One defendant was allegedly told, "You don't need that to live."
The judge allegedly explained that medications interfere and are not helpful. Using diet as an illustration, she allegedly noted that medication frustrates sobriety. She allegedly said that being on a diet and "giv(ing) up potato chips" will not help if you are "just going to eat ice cream."
The judge also allegedly took issue with cocaine and marijuana and expressed some belief that these are likewise addictive. These allusions were seemingly in reference to expositions on the proliferation ("hand them out like lollipops") and nature of "antianxiety drugs and all that." There was no reported similar criticism for weight loss drugs.
Apparently, some Tampa criminal defense attorneys raised concerns. They reportedly believed that "being forced to stop taking medications" might cause untoward outcomes. One suggested that cessation might "result in psychosis, hallucinations, and other more concerning criminal behaviors." There was likewise no mention of the lawyer's medical credentials.
The Times compared the judge's alleged statements to criticisms leveled at antidepressant medication by Robert F. Kennedy. It cited various medical practitioners and studies in support of medication, and noted one's conclusion that "speaking poorly about medication contributes to stigma."
For clarity, no, it was not Judge Tom Cruise, nor doctor Tom Cruise, for that matter. Doctor Cruise has been known to share his feelings about both psychiatry and medications. Nonetheless, he has been reasonably quiet on that front more recently. That may be because times change, views change, or there were business impacts.
The Times reported that the Hillsborough Chief Judge issued a February 13, 2026 order reassigning the judge to civil division in order to quell the ensuing discussion and controversy surrounding the medical advice to disregard physician prescriptions.
It is difficult to sit as an impartial arbiter, as people make decisions that may or may not be their best. There is some tendency to bring predisposition to any interaction. See Langham, Unseen Influence: Unconscious Predisposition in Dispute Resolution (2025). There is a challenge for anyone in those biases.
Despite the egalitarian impacts of bias and predisposition, the adjudicator's challenge is more imperative than any. The adjudicator must persistently strive to spot predisposition and to exclude it from proceedings. This includes providing advice even when heartfelt.
The adjudicator is not an advisor, confidant, or counselor. The adjudicator is an unbiased decision-maker. They must preside over what the parties bring, what the admissible evidence demonstrates, and what the law allows or compels. That does not mean that they agree with it; it means they are doing their job.
Some lanes and guardrails are hard. The one between adjudicator and advisor is perhaps one of the easier ones.
