Clothing for the Courtroom

Today, Christina Brinkley posted an article on the Wall Street Journal's website about the proper clothing for court. See http://online.wsj.com/article/SB10001424052748704554104575435683853964588.html?mod=WSJ_WSJ_US_News_6#articleTabs%3Darticle. In this article, she interviews judges and attorneys and makes her own observations about the proper attire for court. I know this has been a recent issue for the courts in Davidson County, Tennessee. The courts have instituted a dress code policy, and I have witnessed it being enforced. (In fact, one of the defendants I was in court representing was told to go home to put on long pants because he arrived in shorts.) The dress code for the Criminal Court is as follows:

Criminal Court of Davidson County

, Division III

Dress Code Policy

All individuals entering the courtroom shall be dressed appropriately, clean and neat. Dress, which is disturbing and distracting in court is inappropriate. Clothes and appearance must be safe and not disruptive to the judicial process. Remember you are appearing in a court of law.

1. Skirts, skorts, and shorts must reach and extend below the fingertip.

2. All pants must be worn at waist. No sagging or low riding.

3. Undershirts and tank tops, if worn, must be worn with another “cover-up”shirt. Shoulders, backs, chests, and midriffs must be covered.

4. No see-through type or suggestive clothing is to be worn. Undergarments may not be visible.

5. All shirts, with the exception of sweaters, sweatshirts, or vests must be tucked into pants, skirts, or shorts, including athletic jerseys.

6. Appropriate footwear must be worn at all times. No flip-flops or house shoes permitted.

7. Inappropriate head coverings such as bandanas, scarves, sweatbands, hats/caps, do-rags, or hairnets are not to be worn or seen. Hoods on lightweight garments or sweatshirts may not be pulled over the head. Sunglasses shall be removed in court.

8. Clothing that advertises substances (drugs, alcohol, tobacco products) or language or writing that is otherwise inappropriate or offensive (sex, profanity, racial or ethnic slurs, gang-related attire, etc.) may not be worn. Tattoos that display drugs, sex, alcohol, or tobacco products must not be seen at anytime.

9. Clothing that is intentionally torn in inappropriate places is prohibited.

10. For security reasons, chains, spiked accessories, and oversized jewelry are not permissible.

The Court reserves the right to modify this policy as necessary and reserve the right to determine what might be disruptive and unsafe.

If you are dressed in violation of this policy, you will not be permitted in the Division III courtroom or will be requested to leave.

(see http://ccc.nashville.gov/portal/page/portal/ccc/divThreeCourtProcedures/div3DressCode)

I think it is a reflection of the casual nature of our times and the pervasive "I don't care about authority or anything else" attitude that is being reflected in the courtrooms by what people are wearing. A courtroom is probably one of the most formal settings where most of these people will ever be. It is a shame to think that both attorneys, witnesses, and parties to cases think they can appear so casually. Now, I admit that I eschew wearing a suit jacket whenever I can . . . I feel very constricted in them, most of the time they don't fit me properly because I'm six feet tall, etc. However, I know that I need to wear a jacket when I go to court. It's part of the rules to play the "going to court game." I hope that the judges begin taking back the serious nature of their courtrooms and enforcing dress codes for everyone involved. It's one of those things like when you were a kid: if you have to get dressed up, you know it matters. That is the case with court, and we all need to be dressing for the part.