What do lawyers wear to court?

[Dale Cooper Black 340]

It varies, depending on the country and type of court.

 

In England and Wales, for example, court dress is worn at hearings in open court in all Senior Courts of England and Wales and in county courts. However, court dress may be dispensed with at the option of the judge, e.g. in very hot weather, and invariably where it may intimidate children, e.g. in the Family Division and at the trials of minors.

 

Court dress is not worn at hearings in chambers and in the magistrates' courts.

 

In July 2007, the Lord Chief Justice of England and Wales announced that changes would be made to court working dress in the English and Welsh courts. The reforms were due to take effect on 1 January 2008; however, following reports of strong opposition to the proposed changes, they were put on hold, eventually taking effect in autumn 2008.The new robes for judges were designed by Betty Jackson and unveiled in May 2008, although a survey of judges published in March 2009 revealed substantial opposition to the new designs, as well as widespread annoyance at the lack of consultation prior to the change

 

The Chairman of the Bar announced in April 2008 that, as a result of a survey of the profession, the Bar would recommend that advocates should retain their existing formal robes (including wigs) in all cases, civil and criminal, with possible exceptions in the County Court. In a letter to the profession, he said (in part):

 

Criminal barristers will keep wigs and gowns, as the Lord Chief Justice intends to keep the current court dress in criminal proceedings. The Bar is a single advocacy profession with specialisation in particular practice areas. There is logic in having the same formal court dress, where formality and robes are required, for criminal and civil barristers... There is strong identification of the Bar of England and Wales in the public's mind and its formal dress nationally and internationally.

 

For the most part, the changes only affect what is worn by judges in civil courts, who now wear a simplified robe and no wig. Dress worn in criminal courts remains largely unchanged. The changes have been reflected in the dress allowances made to judges (while the one-off cost of supplying the new civil gown was estimated at about £200,000, annual savings in the region of £300,000 were projected).

Advocates

 

English advocates (whether barristers or solicitors) who appear before a judge who is robed must themselves be robed.

 

All male advocates wear a white stiff wing collar with bands (two strips of linen about 5"/13 cm by 1"/25 mm hanging down the front of the neck). They also wear either a dark double-breasted suit (or with waistcoat if single-breasted) or a black coat and waistcoat and black or grey morning dress striped trousers. The black coat and waistcoat can be combined into a single garment, which is simply a waistcoat with sleeves, known as a bar jacket or court waistcoat. Female advocates also wear a dark suit, but often wear bands attached to a collarette rather than a wing collar.

Junior barristers

 

Junior barristers wear an open-fronted black gown with open sleeves, gathered and decorated with buttons and ribbons, and a gathered yoke, over a black or dark suit, hence the term stuffgownsman for juniors. In addition barristers wear a short horsehair wig with curls at the side and ties down the back.

Solicitors

 

Solicitors wear the same wing collar with bands, or collarette, as barristers. Their gowns are of a slightly different style, with a square collar and without gathered sleeves. By virtue of the Consolidated Criminal Practice Direction at I.1.1 (as amended by Practice Direction (Court Dress) (No4) [2008] 1 WLR 257), "Solicitors and other advocates authorised under the Courts and Legal Services Act 1990...may wear short wigs in circumstances where they would be worn by Queen's Counsel or junior counsel."

 

In Australia, court dress varies according to the jurisdiction.

 

In the High Court of Australia, justices wear plain black robes with zippered fronts over normal attire. They do not wear wigs, collars, bands or jabots. The robes are similar in appearance to those worn by Justices of the Supreme Court of the United States, although they are more elaborately tailored. These robes have been worn since 1988, when the High Court abandoned the previous court dress of black silk robes, bar jackets, jabots or bands and full-bottomed wigs and lace cuffs on formal occasions and bench wigs for ordinary business attire.

 

In the Federal Court of Australia, judges no longer wear traditional court dress, but wear black wool robes with a black trim for ‘first instance’ work, and black wool robes with a red trim for appeal cases. These robes were adopted in 1997 and were designed by Bill Haycock. The robes have seven horizontal tucks or "ombres" on one side, representing the six Australian States and the territories. They also serve to symbolise Australia’s federal constitution and the federal jurisdiction of the Court. The robes also include a vertical band of black silk made up or of seven equal parts, also symbolizing Australia’s federal system and equality before the law.

 

Judges and judicial registrars of the Family Court of Australia wear a black silk gown, a bar jacket with either bands or a jabot and a bench wig. On formal occasions, judges wear full-bottomed wigs.

 

Judges of the Federal Circuit Court of Australia wear a plain black gown in court without a wig.

 

Judges of the Supreme Courts of the States and Territories of Australia wear court dress similar to that worn by judges of the High Court of England and Wales. On formal occasions, judges wear red scarlet robe with white fur facings, bands or a jabot, a black scarf and girdle and a scarlet casting-hood, with a full-bottomed wig. Unlike judges in the United Kingdom, judges in Australia never wear breeches, hose and buckled shoes. When sitting in criminal proceedings, judges wear scarlet robes with grey silk facings, bands or a jabot and a bench wig. When sitting in appeal or in civil proceedings, judges and masters wear a black silk gown, a bar jacket with either bands or a jabot and a bench wig. In some jurisdictions, the wearing of wigs has been abandoned for other than formal occasions. Wigs were abolished in Western Australia for both judges and lawyers in all courts in 2010.

 

Judges of the Land and Environment Court of New South Wales and judges sitting in the Workers' Compensation Court of NSW and the Dust Diseases Tribunal of New South Wales wear the same court dress as a judge of the Supreme Court sitting civilly.

 

Judges of the District or County Courts of the States of Australia wear court dress similar to that worn by judges of the County Court of England and Wales.

 

Judges in all Australian courts will not usually wear court dress for procedural or chambers proceedings.

 

Stipendiary Magistrates and justices of the peace do not robe, other than in NSW where they have worn a black robe over normal business attire since 2005.

 

Barristers in all Australian jurisdictions, when required to do so, wear court dress similar to that worn in the United Kingdom. Queen's Counsel or Senior Counsel wear a black silk gown, a bar jacket, bands or a jabot and a horsehair wig with curls at the side and ties down the back. On formal occasions, they wear full-bottomed wigs. In addition Victorian Senior Counsel wear a black rosette hanging from the back of their gown. Junior Counsel wear an open-fronted black stuff gown with open sleeves and a gathered yoke, and otherwise wear the same outfit as Senior Counsel (other than full-bottomed wigs). Counsel usually wear dark trousers or striped trousers, or a dark skirt for female barristers. Barristers will not usually robe for procedural hearings (which are called 'directions hearings' in South Australia).

 

Solicitors, in those jurisdictions where the legal profession is not fused (such as New South Wales and Queensland) do not robe when appearing in court, even before superior courts. In those States and Territories with fused professions, solicitors robe in situations where barristers would normally wear robes.

 

In 2010, the Chief Justice of Western Australia, Wayne Martin, introduced major reforms for Western Australian Courts; in the District Court, wigs were abolished for both lawyers and judges. District Court judges and lawyers maintained their robes. In the Supreme Court Criminal Jurisdiction, traditional judges' red robes were replaced with American-style plain black robes; this also applied to all appeal courts. Wigs were abolished in all Supreme Courts for both judges and lawyers. This change was met with a great deal of sadness by many members of the legal fraternity in the state, as it ended over 180 years of tradition in Western Australia.

 

In Canada, court dress is identical to that previously (pre-2008) in use in England, except that wigs are not worn. Bar jackets are worn under the gown, though QCs and judges have more elaborate cuffs than other lawyers. Barristers are required to gown for the Courts of Appeal and Superior-level courts of the provinces and territories, unless appearing on applications in chambers (most interlocutory applications, all originating applications, and all applications for summary judgment are generally heard in chambers).

 

The Federal Court and the Tax Court of Canada at the general procedure level require barristers to gown. As well, gowns are required at the Federal Court of Appeal and the Supreme Court of Canada. The donning of business attire is acceptable by barristers appearing in chambers and in inferior (puisne) provincial and territorial courts; court dress is also permitted, though rarely worn. Judges of the Supreme Court of Canada wear red robes with white fur trim on ceremonial occasions together with tricorne hats; however, they wear black gowns when hearing cases. Judges of all other federal and provincial courts wear black gowns, sometimes adorned with various sashes and crests which depend on the level of court and the province in which the case is heard. All Canadian judges also wear black court waistcoats with white collar and tabs.

[Benicio Del Bore-O 132]

Alright! Thanks to Dale Cooper-Black for that catchessay.