Should American trial lawyers wear gowns and wigs ?

[otago]

An interesting article comparing the American and English court systems.
One thing I find utterly strange is the absolute right a person on a jury in the USA has in leaving a court after a verdict then going down and telling the local TV station how and why they reached their verdict.
If American judges wear gowns why not wigs ? if the judge is wearing a gown why are the so called trial lawyers not doing the same ?
Lawyers wearing clothing to fit in with those on the jury ? can it go as far as bib overalls ?

http://findarticles.com/p/articles/mi_qa3975/is_200607/ai_n17185850/?tag=content;col1

 

[kulade]

This seems as an incredibly minute aspect in America to get in a fuss about, even for you.

Is there some tradition put forth in the Magna Charta that recommends that all judges and lawyers be cross-dressers?

 

[Formaldehyde]

You really expect our judge and attorneys to wear wigs, especially in this day and age as the article suggests? We don't have a House of Lords either, but the Senate appears to be a dead ringer at times. And recent Republican presidents certainly seemed to think were royalty.

After recently going through the experience of being a juror on a felony trial, I have to admit I was pleasantly surprised at how fair and even-handed the process was. The defense attorney probably used a style which would not be allowed in a British court, but I don't find anything inherently wrong with it.

And no, you can't wear anything to court. Even jurors have to wear clothes which are suitable for the general work environment. Appearing any other way is contempt of court. Here are some lines from one of my favorite movies, My Cousin Vinny, when the attorney who had never been in a court trial before appeared in a leather sports coat:

Judge Chamberlain Haller: Mr. Gambini, didn't I tell you that the next time you appear in my court that you dress appropriately?
Vinny Gambini: You were serious about that?

And then later:

[about his secondhand suit, which has an 18th-century look and is red]
Vinny Gambini: I bought a suit. You seen it. Now it's covered in mud. This town doesn't have a one hour cleaner so I had to buy a new suit, except the only store you could buy a new suit in has got the flu. Got that? The whole store got the flu so I had to get this in a second hand store. So it's either wear the leather jacket which I know you hate, or this. So I wore this ridiculous thing for you.

Judge Chamberlain Haller: I don't like your attitude.
Vinny Gambini: So what else is new?
Judge Chamberlain Haller: I'm holding you in contempt of court.
Vinny Gambini: [to Bill] Now there's a ***** surprise.
Judge Chamberlain Haller: What did you say? What did you just say?
Vinny Gambini: Huh? What did I say?

No, the US courts aren't much like the British ones in appearance. But from what I've heard, the chances of getting a fair trial are greater.

 

[Bast]

Marisa Tomei was fantastic in My Cousin Vinny.

 

[Cutlass]

Why in the frakin hell would anyone in courts (or parliament) in any part of the world still wear something that was one of human kind's worst fashion statements ever and that went out of style 200 years ago?

 

[Cheetah]

Completely on-topic:
Clothes and especially uniforms help to maintain discipline and respect.

British courts retain the dressing style now only for tradition, while it earlier was to make the court look respectable and dignified.

Do you think U.S. courts are lacking respect and authority these days? If so, it is logically to ask if the clothes and uniforms worn in court should be modified. Fair enough.

However, newly introduced gowns and - especially - wigs, are not an attire that attracts respect and authority in today's world.

So the conclusion must be that no person in U.S. courts should wear gowns or wigs.

Off-topic:
Leather-jackets can be quite stylish. I wouldn't enter court with the one I bought in Razor City (near Mt. Rushmore) though: It has huge eagle on the back with "U. S. A." printed on top of it. In fact, I wouldn't be seen in public with it in most places of the world.

 

[Silurian]

Wigs and gowns are worn as part of a tradition and it is up to the people who wear them.

Since the USA does not have this tradition I see no good reason to start wearing them.

 

[warpus]

American lawyers should have to wear furry costumes, so that nobody dares take them seriously.

(Answer applies to all lawyers, but question was specifically aimed at Americuhn ones)

 

[Junzi Nicuzn]

Blarg. That article needed a better editor and that site needs a better web designer.

One thing I find utterly strange is the absolute right a person on a jury in the USA has in leaving a court after a verdict then going down and telling the local TV station how and why they reached their verdict.

What does it matter at this point? The verdict has been reached. The only thing this could affect is future appeals if the verdict was reached in an improper manner. And if the former juror says "I voted guilty. It was obvious, he was black," then it wouldn't be a just verdict and certainly merit appeal.

If American judges wear gowns why not wigs ? if the judge is wearing a gown why are the so called trial lawyers not doing the same ?
Lawyers wearing clothing to fit in with those on the jury ? can it go as far as bib overalls ?

What purpose do the wigs serve? The gowns signify who is the judge and are a symbol of respect. The wigs, at best, are redundant. At worse, just plain silly. And I've never seen a "so called" trial lawyer wear anything less than a suit. If they showed up in khakis and a polo the judge might grumble and let it slide (doubtful). If they went as far as bib overalls they'd be thrown out or held in contempt. Just because we don't have our entire legal system in gowns and wigs doesn't mean we don't expect a certain level of decorum to be maintained.

The gist of that article and your questions appear to conclude that since we are not doing things the British way, we are unprofessional. You may as well believe that since we drive on the opposite of the road, we are poor drivers. Simply different customs at play here. Now our legal system may have its issues, but rampant unprofessionalism is not one of them.

 

[Formaldehyde]

Off-topic:
Leather-jackets can be quite stylish. I wouldn't enter court with the one I bought in Razor City (near Mt. Rushmore) though: It has huge eagle on the back with "U. S. A." printed on top of it. In fact, I wouldn't be seen in public with it in most places of the world.

You could definitely get away with wearing one as a juror, although I'm not sure about your particular one. I dout that would be considered to be appropriate business attire. One of the jurors was an ex-Marine. He never took off his cap except when he was in the actual courtroom.

But the male attorneys have to wear suits. Even a sports coat and dress pants are considered to be too informal.

 

[illram]

Wigs and stuffy outfits? Are you kidding? We don't want any of that silly English classist nonsense in our courtrooms.

And what's wrong with jurors explaining their verdict?

 

[I'm Cleo!]

Well, if I had to wear a gown in court, I know this: I would only wear Balenciaga.

Cleo

 

[Valka D'Ur]

And no, you can't wear anything to court.

I think there may be a word missing in that sentence.

 

[MobBoss]

An interesting article comparing the American and English court systems.
One thing I find utterly strange is the absolute right a person on a jury in the USA has in leaving a court after a verdict then going down and telling the local TV station how and why they reached their verdict.
If American judges wear gowns why not wigs ? if the judge is wearing a gown why are the so called trial lawyers not doing the same ?
Lawyers wearing clothing to fit in with those on the jury ? can it go as far as bib overalls ?

http://findarticles.com/p/articles/mi_qa3975/is_200607/ai_n17185850/?tag=content;col1

Well, this is the 2nd Otago thread in regards to fashion sense (the other being about UK police looking like SS troopers, or wannabe SAS). So why all the sudden interest in fashion, Otago?

Anyway, I never understood the whole wig wearing thing. What purpose did it/does it serve?

 

[ParadigmShifter]

It's just a stupid tradition.

Serves no purpose here they should scrap it.

It'a already scrapped for cases involving kids.

 

[Joecoolyo]

Anyway, I never understood the whole wig wearing thing. What purpose did it/does it serve?

Comic-relief

 

[aelf]

It's just a stupid tradition.

Serves no purpose here they should scrap it.

It'a already scrapped for cases involving kids.

Now that's a curious thing. Why? Cause the kids laugh at the wigs?

And for some reason I had a weird mental image of judges and lawyers wearing red-dotted mushroom wigs.

 

[otago]

Blarg. That article needed a better editor and that site needs a better web designer.



What does it matter at this point? The verdict has been reached. The only thing this could affect is future appeals if the verdict was reached in an improper manner. And if the former juror says "I voted guilty. It was obvious, he was black," then it wouldn't be a just verdict and certainly merit appeal.



What purpose do the wigs serve? The gowns signify who is the judge and are a symbol of respect. The wigs, at best, are redundant. At worse, just plain silly. And I've never seen a "so called" trial lawyer wear anything less than a suit. If they showed up in khakis and a polo the judge might grumble and let it slide (doubtful). If they went as far as bib overalls they'd be thrown out or held in contempt. Just because we don't have our entire legal system in gowns and wigs doesn't mean we don't expect a certain level of decorum to be maintained.

The gist of that article and your questions appear to conclude that since we are not doing things the British way, we are unprofessional. You may as well believe that since we drive on the opposite of the road, we are poor drivers. Simply different customs at play here. Now our legal system may have its issues, but rampant unprofessionalism is not one of them.

Rather easy to tell who the judge is, he/she is sitting up on the bench so why the aping of old fashioned British customs in wearing a gown ?
And why do they have a gavel ?
Oh, the article was written by a American lawyer, the 111 after his name tends to be a giveaway.
We and the Brits do not number generations.

 

[otago]

No, the US courts aren't much like the British ones in appearance. But from what I've heard, the chances of getting a fair trial are greater.[/QUOTE]

I'm sure that bloke they knew to be innocent but still killed felt a lot better knowing he had received a fair trial.

 

[MobBoss]

And why do they have a gavel ?

Because a gavel is a great way to get people's attention...much better than just yelling at them.