Court dress
Encyclopedia
Court dress comprises the style of clothes prescribed for courts of law
, and formerly for royal court
s.
s. 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. In the Supreme Court of the United Kingdom
and in the Judicial Committee of the Privy Council
counsel wear court dress, but their Lordships are dressed in conventional business attire.
Court dress is not worn at hearings in chambers and in the magistrates' courts
.
See Courts of England and Wales
.
s or solicitor
s) who appear before a judge who is robed, or before the Supreme Court of the United Kingdom
or Judicial Committee of the Privy Council
, 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 grey pinstriped 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.
, or QCs, wear a silk gown with a flap collar and long closed sleeves (the arm opening is half-way up the sleeve). The QC's black coat, known as a court coat, is cut like 18th-century court dress, and the sleeve of the QC's court coat or bar jacket has a turnback cuff with three buttons across.
On ceremonial occasions QCs wear ceremonial dress (see below).
. All judges wore a short bench wig when working in criminal court, reserving the long wig for ceremonial occasions, and a wing collar and bands.
From autumn 2008, judges in all civil and family cases began to wear a newly designed robe with no wig, collar or bands, over an ordinary business suit and tie, with the exception of circuit judges in the county court, who opted to retain their former style or robe, but without wig, wing collar and bands.
Members of the Judicial Committe of the House of Lords (or "Law Lords") and the Judicial Committee of the Privy Council have never worn court dress at all (although advocates appearing before them do). Instead they were dressed in ordinary business clothing. Since the creation of the Supreme Court of the United Kingdom, the Justices of that Court, being former Law Lords, have retained the Law Lords' tradition of sitting unrobed.
judge of the Queen's Bench Division wore a scarlet robe with fur facings, a black scarf and girdle (waistband) and a scarlet casting-hood or tippet
. When dealing with criminal business in the summer, the judge wore a similar scarlet robe, but with silk rather than fur facings. In both cases, the judge wore a wing collar, bands, and a short wig. Since autumn 2008, only the winter style remains.
In civil cases before 2008, the judge wore in winter a black robe faced with fur, a black scarf and girdle and a scarlet tippet; in summer, a violet robe faced with silk, with the black scarf and girdle and scarlet tippet. However, from autumn 2008, in civil and family cases, the prescribed dress consists only of a robe of modern design over ordinary business clothing, with no wig, collar or bands.
) wear a violet robes with lilac facings. As well as a girdle, the judges wear a tippet (sash) over the left shoulder - lilac when dealing with civil business and red when dealing with crime. Since autumn 2008, circuit judges in the county count have not worn wigs, wing collars or bands; however, circuit judges in the Crown Court retain the wig, wing collars and bands.
s (which include the Sovereign
's birthday and certain saints' days), all judges wear the scarlet robe for the appropriate season.
On special ceremonial occasions (such as the opening of the legal year
), circuit judges and QCs wear long wigs, black breeches
and silk stockings, and wear lace jabots instead of bands. High court judges in addition have a scarlet and fur mantle. The Lord Chief Justice also wears the scarlet and fur mantle with a gold chain of office. The Lord Chancellor
and judges of the Court of Appeal have black silk damask gowns heavily embellished with gold embroidery.
announced the changes that will 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. They took effect as of autumn 2008.
Judges in the civil and family courts no longer wear traditional dress; however, Circuit Judges continue to wear their current gown in the county court. The array of robes worn by High Court Judges has been abolished and replaced by a modernised and significantly simplified robe. The wearing of wigs in the civil and family courts has been completely abolished. High Court judges presiding over criminal trials in the Crown Court now appear in the robes they currently wear in the winter. No further changes are planned for the working dress of judges in the criminal courts, save possibly for the Divisional Court.
These changes will be reflected in the dress allowances made to judges. Furthermore, newly appointed Circuit Judges will no longer receive an allowance to buy full-bottomed wigs. Whilst the one-off cost of supplying the new civil gown is estimated at about £200,000, annual savings in the region of £300,000 are expected.
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):
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.
Scottish judicial robes are very different from English ones. Senators of the College of Justice are Scotland's senior judges; they sit in both the Court of Session
(Scotland's top civil court) and the High Court of Justiciary
(Scotland's top criminal court). Judicial robes in the Court of Session are dark red, faced with red crosses. Judicial robes in the High Court of Justiciary are predominatly white and red, faced with red crosses over the white. Sheriffs (who preside over Sheriff Court
s) wear the black gowns which they formerly used in practice (silk gowns for QCs; stuff gowns for advocates and solicitor-advocates), with falls in place of the bow-tie.
, established in 1922
, continued largely with the courts and court system inherited from the United Kingdom
, albeit pared down and shorn of some of its imperial grandeur. To fit with the reorganization of the courts, the judiciary all but abandoned the wearing of their former ceremonial costumes. Prior to Independence
, the Lord Chancellor
, Master of the Rolls
and the Lords Justice of Appeal
in Ireland would have worn full ceremonial dress identical to their English equivalents, viz. long black damask robes with wide bands of gold lace and ornaments. The Lord Chief Justice
, Lord Chief Baron (up to the extinction of the office on the retirement of Christopher Palles
in 1916) and other puisne
judges of the High Court would likewise have worn scarlet robes with ermine hood and ermine-trimmed mantle. Many fine examples of these robes can be seen in portraits of Irish judges in the King's Inns
.
Upon the passing of the Constitution of the Irish Free State (Saorstát Éireann) Act 1922
, the office of Lord Chancellor immediately became defunct. Then in 1924 the Court of Appeal was refashioned into the Supreme Court
; the Lord Chief Justice became simply Chief Justice
and head of the judiciary; and the Master of the Rolls was replaced with a President of the High Court. The judges of the new superior courts, including the Chief Justice and President, adopted for all occasions - ceremonial or otherwise - the ordinary working judicial dress of the austere type previously worn by members of the old Court of Appeal
, that is, in the words of the current Order 119 rule 2 of the Rules of the Superior Courts, 1986:
This remains the dress of the judiciary to this day. Judges of the Circuit Court
also wear similar costume, pursuant to Order 3 rule 1 of the Circuit Court Rules, 2001. The prescribed dress of judges of the District Court
(in Order 5 rule 1 of the District Court Rules, 1997) is the same, but does not include a wig.
While the forthcoming reforms to court dress will have profoundly altered matters in England by 2008, for the present it may be said that Irish barristers robe similarly to their English counterparts. Such robes are worn by barristers in all courts, including the District Court. Like Queen's Counsel in England, Senior Counsel
generally wear a short bar wig and black silk
or poplin
gown with flap collar and long, closed sleeves over a buttoned and broad-cuffed court coat. Their shirts will have a detachable stiff wing collar, worn with bands. Junior Counsel wear a short bar wig and black poplin or stuff
bar gown (which has a gathered yoke and short, open sleeves) over a dark three-piece suit with similar wing collar and bands. While it is not unknown for female barristers to wear a blouse with separate bands much like male colleagues, more commonly they would wear a starched white all-in-one collarette or bib covering their neckline that approximates in looks to a tall Mandarin collar
and bands.
Section 49 of the Courts and Court Officers Act 1995, however, did abolish the requirement that barristers should wear wigs in court. To this extent only, the wording of the Rules of Court above is somewhat out of date. (All counsel still must wear a gown and bands etc.) By affording individual barristers a discretion to wear the forensic wig in court, the new rule defused what had become an increasingly bitter debate in the profession whether it was appropriate to cleave to anachronistic modes of dress - even as a traditional and undoubtedly recognizable uniform
- and avoided a more drastic solution, such as the abandonment of wigs or gowns altogether. Accordingly, there is little contemporary call for reform of court dress in Ireland.
in three sittings in the year, one in Hilary term
, one Trinity term
, and the other in Michaelmas term
. This ceremony takes place in the Supreme Court. All new barristers habit themselves in full court working dress.
The Legitimacy Declaration Act (Ireland) 1868;
The Children Acts 1908 to 2001;
The Adoption Acts 1952 to 1998;
The Married Women's Status Act 1957;
The Guardianship of Infants Act 1964;
The Family Home Protection Act 1976;
The Family Law (Maintenance of Spouses and Children) Act 1976;
The Family Law (Protection of Spouses and Children) Act 1981;
The Family Law Act 1981;
The Status of Children Act 1987;
The Judicial Separation and Family Law Reform Act 1989;
The Child Care Act 1991;
The Child Abduction and Enforcement of Custody Orders Act 1991;
The Family Law Act 1995;
The Family Law (Divorce) Act 1996; and
The Domestic Violence Act 1996.
It is arguable that the Oireachtas
intended the ban on "wigs and gowns" should be read liberally to mean that judges and barristers should appear in ordinary suits in these cases. In practice, a literal interpretation of the rule has been preferred. Judges and counsel do not wear either wig or gown in the family courts but will dutifully don the court coat (if applicable) and a wing collar and bands nonetheless.
Full court working dress remains worn in the Supreme Court in any proceedings, including those under the foregoing statutes.
, Hilary
, Easter
and Trinity
. In any hearing during the vacations, judges and counsel wear ordinary suits.
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
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.
Federal Magistrates 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 in 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 the High Court of Australia, barristers wear the same dress as is required by the Supreme Court in their jurisdiction.
For a matter heard in the Federal Court of Australia, barristers robe (but without a wig) if it is the usual practice to robe in the Supreme Court of the State or Territory in which the matter is being heard.
Prior to 2010, Counsel did not robe before the Federal Magistrates Court. Barristers are now expected to robe for most hearings, but not for interlocutory or interim matters. Wigs are not worn on any occasion.
, court dress is identical to that 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, as well as the Federal Court of Appeal and the Supreme Court of Canada. The donning of business attire is acceptable by barristers in "inferior" 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.
is practically the same as court dress in England and Wales. Under the auspices of the one country, two systems
policy after 1997, when sovereignty of the former British crown colony was transferred to the People's Republic of China, the territory has continued to be common law jurisdiction , and English legal traditions have been preserved. Judges in the Court of Final Appeal, however, do not wear wigs but only gowns with lace jabot, similar to those of International Court of Justice
.
Some judges do wear wigs as part of the ceremonies during the opening address of the legal year in Hong Kong.
, the courts have upheld the traditions of wearing black and white. Judges wear white shirts and trousers with a white neck band and a black silk coat. Lawyers wear white shirts and trousers with a white neck band and a black court coat. Judges do not wear wigs.
Counsel in Malaysia dress as English junior barristers do, but do not wear wigs. Prior to the 1980s, counsel serving in the government legal service wore wigs. Counsel in private practice have never done so.
, court dress was simplified in 1996. Judges wear black gowns in the District Court, High Court and Court of Appeal, while counsel only wear black gowns in the latter two courts. Wigs (for counsel) are only worn on ceremonial occasions, and bar jackets are worn as ordinary court dress in the higher Courts, but are uncommon. No gowns are worn by the Judges of the Supreme Court of New Zealand
, on a false analogy with the Law Lords of the Judicial Committee of the Privy Council
.
, the courts have continued to uphold the raj tradition of lawyers wearing white and black. However, in 1980s, judges modified their dress to do away with wig and to allow the usage of a black sherwani (a long traditional Pakistani coat).
In Pakistan
, the dress code for legal practitioners varies with the season. During the Winter months, a formal black suit and tie are worn. During the Summer month, white trousers and a white neck band may be worn. In addition, judges wear a black robe over their other garments. Wigs are no longer worn. Dress codes are rigorously enforced within the Superior Courts.
, court dress is worn by both judges and counsels. Judges wear black gowns in the District Court, High Court Court of Appeal and the Supreme Court of Sri Lanka
while counsel only wear black gowns in the latter three courts. Both judges and counsel dress in white and black, white shirt, black coat, tie and toruses for men and white saree for women. Wigs are only worn on ceremonial occasions by judges of the Supreme Court and the Appeal Court and President's Counsel.
Judges of the supreme court wear black robes with a red stip with buttons. The buttons are gold with the top button with the seal of the People's Republic of China.
and Belgium
both the judge (or judges), the lawyers and the prosecutor
s dress identically in the form of a black robe and a white band
.
This is a symbolic act, as it is meant to convey the idea that the judge is merely the representative of Dutch or Belgian law, rather than an elated individual with the power of sentencing people.
This idea finds its origins in the time of French revolution
. Prior to this time, Dutch judges shared no common dress as the Spanish Netherlands and the Dutch Republic
especially, were highly decentralised with only provincial
and urban law and no federal law
. Hence judges would dress as was the tradition in their own cities or towns.
both judges and lawyers wear black robes in higher courts or in criminal cases.
, the court dress of judges and practising lawyers strongly mimicked British court dress of the 18th century; both wore white powdered wigs and (typically) black robes in the lower courts, and in the higher ones, judges would wear red with black markings. The practice fell out of favor and died out by the mid-nineteenth century.
Today, generally judges of both state and federal courts are free to select their own courtroom attire. The most common choice is a plain black robe which covers the torso and legs, with sleeves. Female judges will sometimes add to the robe a plain white collar similar to that used in academic dress
. Beneath the robes business attire is standard: a shirt and tie for men and a woman's suit and stockings for women.
Until the tenure of Chief Justice
John Marshall
, all Supreme Court justices wore red robes with ermine trim and full-bottomed wigs, reminiscent of British court dress. Marshall, however, eschewed this formality and began the practice of only wearing a black silk robe, with no wig. In 1994, Chief Justice William Rehnquist
added four gold bars to each sleeve of his black robe, but the change in his attire (he had been Chief Justice since 1986) was his own innovation and was inspired by a production of the operetta Iolanthe
, rather than any historical precedent. His successor, John G. Roberts, has returned to the practice of wearing a plain black robe.
Some Supreme Court justices (including Clarence Thomas
and Stephen Breyer
) maintain the ancient legal practice of wearing large black skullcap
s, in their case when wearing their robes outdoors in cold weather (for example, at presidential inauguration
s in January.)
Many state supreme court
justices wear unique styles of robes, the most notable being the Maryland Court of Appeals
, where all judges wear red, and British-style tab collars. The judge of the Delaware Superior Court
continue to wear the red sashes or baldrics of their British predecessors, albeit now only on ceremonial occasions.
Some judges eschew special dress entirely and preside over their courts in normal business wear. This is often seen among administrative law judge
s who preside over relatively informal administrative hearings.
movement in the 1970s, some judges forbade female attorneys from wearing trousers when appearing in court, but pantsuit
s are now widely accepted in most U.S. courts.
Like judges, American attorneys do not wear wigs.
Until the 1970s, morning dress
was required of all attorneys appearing before the Supreme Court, per the Court's rules. Even after the Court abolished the requirement, the Office of the Solicitor General maintained the practice. The Court's Marshal and Clerk of both genders also wear morning dress when the Court is in session.
The most significant exception to the practice of non-ceremonial court dress is the United States Solicitor General
. Traditionally, when the Solicitor General (or any of the deputies at the U.S. Department of Justice
) conduct oral argument
before the U.S. Supreme Court, he wears morning dress
, with striped trousers
, grey ascot
, waistcoat
, and a cutaway morning coat. A feminized version is sometimes worn by female deputies, which consists of the same garments tailored to female measurements. Former Solicitor General Elena Kagan
, the only woman to hold the office to date, appeared before the Court in pantsuit
s in lieu of morning dress. The traditional female equivalent of morning dress (a formal gown) is strictly for social purposes, so it would be inappropriate attire for appearances before the nation's highest court.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
, and formerly for royal court
Royal court
Royal court, as distinguished from a court of law, may refer to:* The Royal Court , Timbaland's production company*Court , the household and entourage of a monarch or other ruler, the princely court...
s.
Where court dress is worn
Court dress is worn at hearings in open court in all Senior Courts of England and Wales and in county courtCounty Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
s. 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
Family division
Family division can refer to:* Family Division of the High Court of Justice* divorce* annulment* division of property* alimony* parental responsibility * dysfunctional familyFor an overview, please see family and family law....
and at the trials of minors. In the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
and in the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
counsel wear court dress, but their Lordships are dressed in conventional business attire.
Court dress is not worn at hearings in chambers and in the magistrates' courts
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
.
See Courts of England and Wales
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
.
Advocates
English advocates (whether barristerBarrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s or solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s) who appear before a judge who is robed, or before the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
or Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
, must themselves be robed.
All male advocates wear a white stiff wing collar with bands
Bands (neckwear)
Bands are a form of formal neckwear, worn by some clergy and lawyers, and with some forms of academic dress. They take the form of two oblong pieces of cloth, usually though not invariably white, which are tied to the neck. Bands is usually plural because they require two similar parts and did not...
(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
Waistcoat
A waistcoat or vest is a sleeveless upper-body garment worn over a dress shirt and necktie and below a coat as a part of most men's formal wear, and as the third piece of the three-piece male business suit.-Characteristics and use:...
if single-breasted) or a black coat and waistcoat and grey pinstriped 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 authoised under the Courts and Legal Servcies Act 1990...may wear short wigs in circumstances where they would be worn by Queen's Counsel or junior counsel."Queen's Counsel
Barristers or solicitors who have been appointed Queen's CounselQueen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, or QCs, wear a silk gown with a flap collar and long closed sleeves (the arm opening is half-way up the sleeve). The QC's black coat, known as a court coat, is cut like 18th-century court dress, and the sleeve of the QC's court coat or bar jacket has a turnback cuff with three buttons across.
On ceremonial occasions QCs wear ceremonial dress (see below).
Judges
Until 2008, judges in the Family and Chancery divisions of the courts wore the same black silk gown and court coat or bar jacket as QCs, as did judges in the Court of AppealCourt of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
. All judges wore a short bench wig when working in criminal court, reserving the long wig for ceremonial occasions, and a wing collar and bands.
From autumn 2008, judges in all civil and family cases began to wear a newly designed robe with no wig, collar or bands, over an ordinary business suit and tie, with the exception of circuit judges in the county court, who opted to retain their former style or robe, but without wig, wing collar and bands.
Members of the Judicial Committe of the House of Lords (or "Law Lords") and the Judicial Committee of the Privy Council have never worn court dress at all (although advocates appearing before them do). Instead they were dressed in ordinary business clothing. Since the creation of the Supreme Court of the United Kingdom, the Justices of that Court, being former Law Lords, have retained the Law Lords' tradition of sitting unrobed.
High Court judges
Before autumn 2008, when dealing with first-instance criminal business in the winter, a High CourtHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
judge of the Queen's Bench Division wore a scarlet robe with fur facings, a black scarf and girdle (waistband) and a scarlet casting-hood or tippet
Tippet
A tippet is a stole or scarf-like narrow piece of clothing, worn over the shoulders. They evolved in the fourteenth century from long sleeves and typically had one end hanging down to the knees...
. When dealing with criminal business in the summer, the judge wore a similar scarlet robe, but with silk rather than fur facings. In both cases, the judge wore a wing collar, bands, and a short wig. Since autumn 2008, only the winter style remains.
In civil cases before 2008, the judge wore in winter a black robe faced with fur, a black scarf and girdle and a scarlet tippet; in summer, a violet robe faced with silk, with the black scarf and girdle and scarlet tippet. However, from autumn 2008, in civil and family cases, the prescribed dress consists only of a robe of modern design over ordinary business clothing, with no wig, collar or bands.
Circuit judges
Circuit judges (in the County courts or the Crown courtCrown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
) wear a violet robes with lilac facings. As well as a girdle, the judges wear a tippet (sash) over the left shoulder - lilac when dealing with civil business and red when dealing with crime. Since autumn 2008, circuit judges in the county count have not worn wigs, wing collars or bands; however, circuit judges in the Crown Court retain the wig, wing collars and bands.
Special occasions
On red letter dayRed letter day
A red letter day is any day of special significance.The term originates from Medieval church calendars. Illuminated manuscripts often marked initial capitals and highlighted words in red ink, known as rubrics...
s (which include the Sovereign
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
's birthday and certain saints' days), all judges wear the scarlet robe for the appropriate season.
On special ceremonial occasions (such as the opening of the legal year
Legal year
In English law, the legal year is the calendar during which the judges sit in court. The year is divided into four terms:* Michaelmas term - from October to December* Hilary term - from January to April* Easter term - from April to May, and...
), circuit judges and QCs wear long wigs, black breeches
Breeches
Breeches are an item of clothing covering the body from the waist down, with separate coverings for each leg, usually stopping just below the knee, though in some cases reaching to the ankles...
and silk stockings, and wear lace jabots instead of bands. High court judges in addition have a scarlet and fur mantle. The Lord Chief Justice also wears the scarlet and fur mantle with a gold chain of office. The Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
and judges of the Court of Appeal have black silk damask gowns heavily embellished with gold embroidery.
Reform
In July 2007, the Lord Chief Justice of England and WalesLord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
announced the changes that will 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. They took effect as of autumn 2008.
Judges in the civil and family courts no longer wear traditional dress; however, Circuit Judges continue to wear their current gown in the county court. The array of robes worn by High Court Judges has been abolished and replaced by a modernised and significantly simplified robe. The wearing of wigs in the civil and family courts has been completely abolished. High Court judges presiding over criminal trials in the Crown Court now appear in the robes they currently wear in the winter. No further changes are planned for the working dress of judges in the criminal courts, save possibly for the Divisional Court.
These changes will be reflected in the dress allowances made to judges. Furthermore, newly appointed Circuit Judges will no longer receive an allowance to buy full-bottomed wigs. Whilst the one-off cost of supplying the new civil gown is estimated at about £200,000, annual savings in the region of £300,000 are expected.
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."
New robes for judges were designed by Betty Jackson
Betty Jackson
Betty Jackson is a British fashion designer based in London, England. She was born a Lancashire. In 2007, her achievement within British fashion was honoured with a CBE...
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.
Scotland
Scottish court dress is very similar to English court dress, but there are notable differences. For example, Scottish advocates wear tail coats under their gowns, and wear white bow ties instead of bands. QCs and judges wear long scarf-like ties (known as falls) instead of bands.Scottish judicial robes are very different from English ones. Senators of the College of Justice are Scotland's senior judges; they sit in both the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
(Scotland's top civil court) and the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
(Scotland's top criminal court). Judicial robes in the Court of Session are dark red, faced with red crosses. Judicial robes in the High Court of Justiciary are predominatly white and red, faced with red crosses over the white. Sheriffs (who preside over Sheriff Court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
s) wear the black gowns which they formerly used in practice (silk gowns for QCs; stuff gowns for advocates and solicitor-advocates), with falls in place of the bow-tie.
Republic of Ireland
Judiciary
The Irish Free StateIrish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
, established in 1922
1922 in Ireland
-Events:*January 2 - The first edition of the newspaper Poblacht na hÉireann is published. It is established by republican opponents to the Anglo-Irish Treaty who declare their fealty to the Irish Republic....
, continued largely with the courts and court system inherited from the United Kingdom
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
, albeit pared down and shorn of some of its imperial grandeur. To fit with the reorganization of the courts, the judiciary all but abandoned the wearing of their former ceremonial costumes. Prior to Independence
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
, the Lord Chancellor
Lord Chancellor of Ireland
The office of Lord Chancellor of Ireland was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801 it was also the highest political office of the Irish Parliament.-13th century:...
, Master of the Rolls
Master of the Rolls in Ireland
The office of Master of the Rolls in Ireland originated in the office of the keeper of the Rolls in the Irish Chancery and became an office granted by letters patent in 1333. It was abolished in 1924....
and the Lords Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
in Ireland would have worn full ceremonial dress identical to their English equivalents, viz. long black damask robes with wide bands of gold lace and ornaments. The Lord Chief Justice
Lord Chief Justice of Ireland
thumb|200px|The Four CourtsThe headquarters of the Irish judicial system since 1804. The Court of King's Bench was one of the original four courts that sat there....
, Lord Chief Baron (up to the extinction of the office on the retirement of Christopher Palles
Christopher Palles
Christopher Palles PC, QC , was an Irish barrister and judge.-Biography:Palles was born on Christmas Day at Mount Palles, near Mountnugent, in south County Cavan, Ireland. He was the third son of Andrew C. Palles, a solicitor, and his wife Eleanor...
in 1916) and other puisne
Puisne
Puisne is a legal term of art used mainly in British English meaning "inferior in rank." It is pronounced like the word puny, and the word, so spelled, has become an ordinary adjective meaning weak or undersized.The judges and barons of the common law courts at...
judges of the High Court would likewise have worn scarlet robes with ermine hood and ermine-trimmed mantle. Many fine examples of these robes can be seen in portraits of Irish judges in the King's Inns
King's Inns
The Honorable Society of King's Inns , is the institution which controls the entry of barristers-at-law into the justice system of Ireland...
.
Upon the passing of the Constitution of the Irish Free State (Saorstát Éireann) Act 1922
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
, the office of Lord Chancellor immediately became defunct. Then in 1924 the Court of Appeal was refashioned into the Supreme Court
Supreme Court (Ireland)
The Supreme Court of Ireland is the highest judicial authority in the Republic of Ireland. It is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas . The Court also has jurisdiction to ensure compliance with the Constitution of...
; the Lord Chief Justice became simply Chief Justice
Chief Justice of Ireland
The Chief Justice of Ireland is the president of the Supreme Court of Ireland.Under Constitution of Ireland, the Chief Justice of Ireland also occupies several positions ex officio, these include;* A possible judge of the High Court....
and head of the judiciary; and the Master of the Rolls was replaced with a President of the High Court. The judges of the new superior courts, including the Chief Justice and President, adopted for all occasions - ceremonial or otherwise - the ordinary working judicial dress of the austere type previously worn by members of the old Court of Appeal
Irish Court of Appeal
The Court of Appeal in Ireland was created by the Westminster Parliament under the Supreme Court of Judicature Act 1877 as the final appellate court within Ireland, then under British rule...
, that is, in the words of the current Order 119 rule 2 of the Rules of the Superior Courts, 1986:
This remains the dress of the judiciary to this day. Judges of the Circuit Court
Circuit Court (Ireland)
The Circuit Court is an intermediate level court of local and limited jurisdiction in the Republic of Ireland which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes...
also wear similar costume, pursuant to Order 3 rule 1 of the Circuit Court Rules, 2001. The prescribed dress of judges of the District Court
District Court (Ireland)
The District Court is the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications...
(in Order 5 rule 1 of the District Court Rules, 1997) is the same, but does not include a wig.
Counsel
Barristers' dress in Ireland is almost unchanged since the pre-Independence era. Counsel may not exercise his right of audience unless he is properly attired. It is provided in Order 119 rule 3 of the Rules of the Superior Courts as follows:While the forthcoming reforms to court dress will have profoundly altered matters in England by 2008, for the present it may be said that Irish barristers robe similarly to their English counterparts. Such robes are worn by barristers in all courts, including the District Court. Like Queen's Counsel in England, Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
generally wear a short bar wig and black silk
Silk
Silk is a natural protein fiber, some forms of which can be woven into textiles. The best-known type of silk is obtained from the cocoons of the larvae of the mulberry silkworm Bombyx mori reared in captivity...
or poplin
Poplin
Poplin, also called tabinet , is a strong fabric in a plain weave of any fiber or blend, with crosswise ribs that typically gives a corded surface.Poplin traditionally consisted of a silk warp with a weft of worsted yarn...
gown with flap collar and long, closed sleeves over a buttoned and broad-cuffed court coat. Their shirts will have a detachable stiff wing collar, worn with bands. Junior Counsel wear a short bar wig and black poplin or stuff
Stuff (cloth)
In the context of materials Stuff can refer to any manufactured material. This is illustrated from a quote by Sir Francis Bacon in his 1658 publication New Atlantis:"Wee have also diverse Mechanicall Arts, which you have not; And Stuffes made by them; As Papers, Linnen, Silks, Tissues; dainty Works...
bar gown (which has a gathered yoke and short, open sleeves) over a dark three-piece suit with similar wing collar and bands. While it is not unknown for female barristers to wear a blouse with separate bands much like male colleagues, more commonly they would wear a starched white all-in-one collarette or bib covering their neckline that approximates in looks to a tall Mandarin collar
Mandarin collar
A mandarin collar is a short unfolded stand-up collar style on a shirt or jacket. Mandarin collars start at the neckline and typically rise vertically two to five centimeters. The style originated from Western interpretation of dresses worn by Mandarins in Imperial China.The length along a...
and bands.
Section 49 of the Courts and Court Officers Act 1995, however, did abolish the requirement that barristers should wear wigs in court. To this extent only, the wording of the Rules of Court above is somewhat out of date. (All counsel still must wear a gown and bands etc.) By affording individual barristers a discretion to wear the forensic wig in court, the new rule defused what had become an increasingly bitter debate in the profession whether it was appropriate to cleave to anachronistic modes of dress - even as a traditional and undoubtedly recognizable uniform
Uniform
A uniform is a set of standard clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are worn by armed forces and paramilitary organizations such as police, emergency services, security guards, in some workplaces and schools and by inmates...
- and avoided a more drastic solution, such as the abandonment of wigs or gowns altogether. Accordingly, there is little contemporary call for reform of court dress in Ireland.
Call to the Bar
Junior counsel are called to the BarCall to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
in three sittings in the year, one in Hilary term
Hilary term
Hilary Term is the second academic term of Oxford University's academic year. It runs from January to March and is so named because the feast day of St Hilary of Poitiers, 14 January, falls during this term...
, one Trinity term
Trinity term
Trinity term is the name of the third and final term of Oxford University's and the University of Dublin's academic year. It runs from about mid April to about the end of June and is named after Trinity Sunday, which falls eight weeks after Easter, in May or June.At the University of Sydney, it was...
, and the other in Michaelmas term
Michaelmas term
Michaelmas term is the first academic term of the academic years of the following British and Irish universities:*University of Cambridge*University of Oxford*University of St...
. This ceremony takes place in the Supreme Court. All new barristers habit themselves in full court working dress.
Call to the Inner Bar
Senior Counsel are appointed annually in the Call to the Inner Bar, a short ceremony in the Supreme Court towards the end of Michaelmas term. (Junior counsel are members of the Outer or Utter Bar.) On this occasion alone do the new Senior Counsel wear full-bottomed wigs, though with their working robes rather than with the breeches, stockings, patent court shoes and lace stock of former times. This is purely a matter of convention and is not, so it would seem, governed by any rule of court. Since 1922, the Chief Justice has presided over the ceremony in lieu of the departed Lord Chancellor. None has seen fit to alter the manner of the Call.Family law proceedings
Judges and counsel are forbidden to wear wigs and gowns in proceedings in the District, Circuit and High Courts in respect of inter alia the following Acts:The Legitimacy Declaration Act (Ireland) 1868;
The Children Acts 1908 to 2001;
The Adoption Acts 1952 to 1998;
The Married Women's Status Act 1957;
The Guardianship of Infants Act 1964;
The Family Home Protection Act 1976;
The Family Law (Maintenance of Spouses and Children) Act 1976;
The Family Law (Protection of Spouses and Children) Act 1981;
The Family Law Act 1981;
The Status of Children Act 1987;
The Judicial Separation and Family Law Reform Act 1989;
The Child Care Act 1991;
The Child Abduction and Enforcement of Custody Orders Act 1991;
The Family Law Act 1995;
The Family Law (Divorce) Act 1996; and
The Domestic Violence Act 1996.
It is arguable that the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
intended the ban on "wigs and gowns" should be read liberally to mean that judges and barristers should appear in ordinary suits in these cases. In practice, a literal interpretation of the rule has been preferred. Judges and counsel do not wear either wig or gown in the family courts but will dutifully don the court coat (if applicable) and a wing collar and bands nonetheless.
Full court working dress remains worn in the Supreme Court in any proceedings, including those under the foregoing statutes.
Sittings outside the law terms
The Rules of Court oblige judges and barristers to wear court dress only "during the sittings" that is, during the four law terms of MichaelmasMichaelmas term
Michaelmas term is the first academic term of the academic years of the following British and Irish universities:*University of Cambridge*University of Oxford*University of St...
, Hilary
Hilary term
Hilary Term is the second academic term of Oxford University's academic year. It runs from January to March and is so named because the feast day of St Hilary of Poitiers, 14 January, falls during this term...
, Easter
Easter term
Easter term is the name of the summer term at the University of Cambridge, the University of Wales, Lampeter, University of Durham, and formerly University of Newcastle upon Tyne , in the United Kingdom...
and Trinity
Trinity term
Trinity term is the name of the third and final term of Oxford University's and the University of Dublin's academic year. It runs from about mid April to about the end of June and is named after Trinity Sunday, which falls eight weeks after Easter, in May or June.At the University of Sydney, it was...
. In any hearing during the vacations, judges and counsel wear ordinary suits.
Solicitors
By virtue of Section 17 of the Courts Act 1971, all solicitors have full rights of audience in the superior courts of Ireland. When appearing as advocates, they wear ordinary suits and, unlike in England, are not required to wear gowns.Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
court dress varies according to the jurisdiction.
In the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
, 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
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, 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
In the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
, 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
Family Court of Australia
The Family Court of Australia is a superior Australian federal court of record which deals with family law matters. Together with the Federal Magistrates Court, it covers family law matters in all states and territories of Australia except Western 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.
Federal Magistrates 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 in 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
Land and Environment Court of New South Wales
The Land and Environment Court of New South Wales is a Court established by legislation giving it exclusive jurisdiction to determine environmental, development, building and planning disputes...
and judges sitting in the Workers’ Compensation Court of NSW and the Dust Diseases Tribunal of New South Wales
Dust Diseases Tribunal of New South Wales
The Dust Diseases Tribunal of New South Wales was established on 21 July 1989 as a specialist court to deal with claims made for dust related illnesses...
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
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
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
Fused profession
Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors.It is generally used in the context of Commonwealth countries which have provided by statute for there to be a single profession of "Barrister and Solicitor".In practice,...
(such as New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
and Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
) 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 the High Court of Australia, barristers wear the same dress as is required by the Supreme Court in their jurisdiction.
For a matter heard in the Federal Court of Australia, barristers robe (but without a wig) if it is the usual practice to robe in the Supreme Court of the State or Territory in which the matter is being heard.
Prior to 2010, Counsel did not robe before the Federal Magistrates Court. Barristers are now expected to robe for most hearings, but not for interlocutory or interim matters. Wigs are not worn on any occasion.
Canada
In CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, court dress is identical to that 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, as well as the Federal Court of Appeal and the Supreme Court of Canada. The donning of business attire is acceptable by barristers in "inferior" 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.
Hong Kong
As a common law jurisdiction, court dress in Hong KongHong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
is practically the same as court dress in England and Wales. Under the auspices of the one country, two systems
One country, two systems
"One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China , for the reunification of China during the early 1980s...
policy after 1997, when sovereignty of the former British crown colony was transferred to the People's Republic of China, the territory has continued to be common law jurisdiction , and English legal traditions have been preserved. Judges in the Court of Final Appeal, however, do not wear wigs but only gowns with lace jabot, similar to those of International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
.
Some judges do wear wigs as part of the ceremonies during the opening address of the legal year in Hong Kong.
India
In IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, the courts have upheld the traditions of wearing black and white. Judges wear white shirts and trousers with a white neck band and a black silk coat. Lawyers wear white shirts and trousers with a white neck band and a black court coat. Judges do not wear wigs.
Malaysia
Court dress in Malaysia is based on English court dress, with some modifications. Since the 1980s, judges no longer wear wigs, wing collars and bands but instead wear a waterfall cravat with court coat and black silk gown. Ceremonial robes for judicial office-bearers are generally black with gold lace, and include a Malay songkok.Counsel in Malaysia dress as English junior barristers do, but do not wear wigs. Prior to the 1980s, counsel serving in the government legal service wore wigs. Counsel in private practice have never done so.
New Zealand
In New ZealandNew Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, court dress was simplified in 1996. Judges wear black gowns in the District Court, High Court and Court of Appeal, while counsel only wear black gowns in the latter two courts. Wigs (for counsel) are only worn on ceremonial occasions, and bar jackets are worn as ordinary court dress in the higher Courts, but are uncommon. No gowns are worn by the Judges of the Supreme Court of New Zealand
Supreme Court of New Zealand
The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London...
, on a false analogy with the Law Lords of the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
Pakistan
In PakistanPakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, the courts have continued to uphold the raj tradition of lawyers wearing white and black. However, in 1980s, judges modified their dress to do away with wig and to allow the usage of a black sherwani (a long traditional Pakistani coat).
In Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, the dress code for legal practitioners varies with the season. During the Winter months, a formal black suit and tie are worn. During the Summer month, white trousers and a white neck band may be worn. In addition, judges wear a black robe over their other garments. Wigs are no longer worn. Dress codes are rigorously enforced within the Superior Courts.
Sri Lanka
In Sri LankaSri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
, court dress is worn by both judges and counsels. Judges wear black gowns in the District Court, High Court Court of Appeal and the Supreme Court of Sri Lanka
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka is the highest court of the nation of Sri Lanka. The Supreme Court is the highest and final judicial instance of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The Court has ultimate appellate jurisdiction in...
while counsel only wear black gowns in the latter three courts. Both judges and counsel dress in white and black, white shirt, black coat, tie and toruses for men and white saree for women. Wigs are only worn on ceremonial occasions by judges of the Supreme Court and the Appeal Court and President's Counsel.
Other Commonwealth countries
Court dress in many jurisdictions with legal systems derived from England's, including Caribbean and African countries have court dress identical to that in England and Wales.China
Recent changes to Chinese courts have led to more formal dress code. Business suits or black gowns (with red stripe on the front) are replacing the military look of the Chinese court system.Judges of the supreme court wear black robes with a red stip with buttons. The buttons are gold with the top button with the seal of the People's Republic of China.
Netherlands and Belgium
In the NetherlandsNetherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
and Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
both the judge (or judges), the lawyers and the prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s dress identically in the form of a black robe and a white band
Bands (neckwear)
Bands are a form of formal neckwear, worn by some clergy and lawyers, and with some forms of academic dress. They take the form of two oblong pieces of cloth, usually though not invariably white, which are tied to the neck. Bands is usually plural because they require two similar parts and did not...
.
This is a symbolic act, as it is meant to convey the idea that the judge is merely the representative of Dutch or Belgian law, rather than an elated individual with the power of sentencing people.
This idea finds its origins in the time of French revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
. Prior to this time, Dutch judges shared no common dress as the Spanish Netherlands and the Dutch Republic
Dutch Republic
The Dutch Republic — officially known as the Republic of the Seven United Netherlands , the Republic of the United Netherlands, or the Republic of the Seven United Provinces — was a republic in Europe existing from 1581 to 1795, preceding the Batavian Republic and ultimately...
especially, were highly decentralised with only provincial
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
and urban law and no federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
. Hence judges would dress as was the tradition in their own cities or towns.
Italy
In ItalyItaly
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
both judges and lawyers wear black robes in higher courts or in criminal cases.
Judicial court dress
During the early history of the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the court dress of judges and practising lawyers strongly mimicked British court dress of the 18th century; both wore white powdered wigs and (typically) black robes in the lower courts, and in the higher ones, judges would wear red with black markings. The practice fell out of favor and died out by the mid-nineteenth century.
Today, generally judges of both state and federal courts are free to select their own courtroom attire. The most common choice is a plain black robe which covers the torso and legs, with sleeves. Female judges will sometimes add to the robe a plain white collar similar to that used in academic dress
Academic dress
Academic dress or academical dress is a traditional form of clothing for academic settings, primarily tertiary education, worn mainly by those that have been admitted to a university degree or hold a status that entitles them to assume them...
. Beneath the robes business attire is standard: a shirt and tie for men and a woman's suit and stockings for women.
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
, all Supreme Court justices wore red robes with ermine trim and full-bottomed wigs, reminiscent of British court dress. Marshall, however, eschewed this formality and began the practice of only wearing a black silk robe, with no wig. In 1994, Chief Justice William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
added four gold bars to each sleeve of his black robe, but the change in his attire (he had been Chief Justice since 1986) was his own innovation and was inspired by a production of the operetta Iolanthe
Iolanthe
Iolanthe; or, The Peer and the Peri is a comic opera with music by Arthur Sullivan and libretto by W. S. Gilbert. It is one of the Savoy operas and is the seventh collaboration of the fourteen between Gilbert and Sullivan....
, rather than any historical precedent. His successor, John G. Roberts, has returned to the practice of wearing a plain black robe.
Some Supreme Court justices (including Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
and Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
) maintain the ancient legal practice of wearing large black skullcap
Skullcap
Skullcap or skull cap may refer to:* Calvaria , in anatomy, the top part of the skull* Headgear:** A Kippah or yarmulke, a small cloth skullcap worn by Orthodox Jewish men and some Jewish women...
s, in their case when wearing their robes outdoors in cold weather (for example, at presidential inauguration
Presidential Inauguration
A Presidential Inauguration is a formal ceremony to mark the beginning of a leader's term of office. To see detailed information on specific presidents, see the links below:* Brazilian presidential inauguration* Croatian presidential inauguration...
s in January.)
Many state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
justices wear unique styles of robes, the most notable being the Maryland Court of Appeals
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis...
, where all judges wear red, and British-style tab collars. The judge of the Delaware Superior Court
Delaware Superior Court
The Delaware Superior Court is the state trial court of general jurisdiction in the state of Delaware. It has original jurisdiction over most criminal and civil cases...
continue to wear the red sashes or baldrics of their British predecessors, albeit now only on ceremonial occasions.
Some judges eschew special dress entirely and preside over their courts in normal business wear. This is often seen among administrative law judge
Administrative law judge
An administrative law judge in the United States is an official who presides at an administrative trial-type hearing to resolve a dispute between a government agency and someone affected by a decision of that agency. The ALJ is usually the initial trier of fact and decision maker...
s who preside over relatively informal administrative hearings.
Attorney court dress
"Professional" attire is the norm for attorneys appearing in court. Male attorneys generally favor dark-colored two-piece suits, which should be properly fitted, cleaned and pressed, with a tie, a white or light-colored shirt, and dress shoes. Women attorneys usually choose a medium-length skirt suit, with a conservative blouse and pumps. During the second-wave feminismSecond-wave feminism
The Feminist Movement, or the Women's Liberation Movement in the United States refers to a period of feminist activity which began during the early 1960s and lasted through the early 1990s....
movement in the 1970s, some judges forbade female attorneys from wearing trousers when appearing in court, but pantsuit
Pantsuit
A pantsuit or pant suit, also known as a trouser suit outside the USA, is a woman's suit of clothing consisting of trousers and a matching or coordinating coat or jacket....
s are now widely accepted in most U.S. courts.
Like judges, American attorneys do not wear wigs.
Until the 1970s, morning dress
Morning dress
Morning dress is the daytime formal dress code, consisting chiefly for men of a morning coat, waistcoat, and striped trousers, and an appropriate dress for women...
was required of all attorneys appearing before the Supreme Court, per the Court's rules. Even after the Court abolished the requirement, the Office of the Solicitor General maintained the practice. The Court's Marshal and Clerk of both genders also wear morning dress when the Court is in session.
The most significant exception to the practice of non-ceremonial court dress is the United States Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
. Traditionally, when the Solicitor General (or any of the deputies at the U.S. Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
) conduct oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
before the U.S. Supreme Court, he wears morning dress
Morning dress
Morning dress is the daytime formal dress code, consisting chiefly for men of a morning coat, waistcoat, and striped trousers, and an appropriate dress for women...
, with striped trousers
Trousers
Trousers are an item of clothing worn on the lower part of the body from the waist to the ankles, covering both legs separately...
, grey ascot
Ascot tie
An ascot tie, or ascot, is a narrow neckband with wide pointed wings, traditionally made of pale grey patterned silk. This wide, formal tie is usually patterned, folded over, and fastened with a stickpin or tie tack. It is usually reserved for wear with morning dress for formal daytime weddings and...
, waistcoat
Waistcoat
A waistcoat or vest is a sleeveless upper-body garment worn over a dress shirt and necktie and below a coat as a part of most men's formal wear, and as the third piece of the three-piece male business suit.-Characteristics and use:...
, and a cutaway morning coat. A feminized version is sometimes worn by female deputies, which consists of the same garments tailored to female measurements. Former Solicitor General Elena Kagan
Elena Kagan
Elena Kagan is an Associate Justice of the Supreme Court of the United States, serving since August 7, 2010. Kagan is the Court's 112th justice and fourth female justice....
, the only woman to hold the office to date, appeared before the Court in pantsuit
Pantsuit
A pantsuit or pant suit, also known as a trouser suit outside the USA, is a woman's suit of clothing consisting of trousers and a matching or coordinating coat or jacket....
s in lieu of morning dress. The traditional female equivalent of morning dress (a formal gown) is strictly for social purposes, so it would be inappropriate attire for appearances before the nation's highest court.
See also
- The Gerald Garson matter, where the NY Supreme Court Justice's robing room was secretly videotaped in a bribery investigation