Who wears a bright red robe with white fur trim around the neck,
waist and sleeve? Most of us instantly think of Santa Claus,
especially this time of year. On ceremonial occasions, the justices
of the Supreme Court of Canada wear red robes with white fur
lining. Defi nitely a Santa look. Why do American judges wear black
robes? Th at is a question I have been asked many times over the
years. I usually have responded with a rambling answer that touches
upon formality, dignity and tradition. While I was not that far off
, I never was very comfortable with my answer. So, I did a little
research. Judges have been wearing robes since medieval times. In
most countries, judicial robes are black. In many, however, the
offi cial judicial costume is very elaborate. Judges in Britain
wear robes of almost every color, including red, blue, green,
white, purple and pink. In some countries judicial robes have high
collars, frilly cuff s, fur linings and all kinds of fancy stuff I
wouldn't even try to describe. In others, judges wear wigs or hats,
and in a few the judges wear medallions or chains around their
neck. Judicial garb here in the United States is pretty plain. I am
perfectly OK with that. It is uncertain when the tradition of a
plain black robe started. Some historians trace the modern judicial
robe to the funeral of Queen Mary in 1694, when all of Britain's
judges attended the funeral wearing a black robe as a sign of
mourning. Other historians argue that today's judicial robe has its
roots in the style of mourning gown worn aft er the death of
Charles II in 1685. Whatever the origin, the tradition of the black
robe spread around the globe and has continued to this day. Our
legal system is patterned aft er that of England, and many of our
current traditions are British holdovers. Judges in England still
wear wigs. I am thankful that tradition did not survive here. One
story is that the wig tradition was discarded due to a disagreement
between John Adams and Th omas Jeff erson. Adams, our second
president, wanted American judges to look like the judges of
England, with fancy red robes and wigs. Jeff erson wanted our
judges to dress like businessmen. A compromise was reached wherein
judges would wear black robes but no wigs. Still, why the robe? Th
e best answer I have found is that the robe conveys the "formal
gravity and dignity of justice." In other words, the business of
the court is serious and everyone will be expected to conduct
themselves in a formal and dignifi ed manner. As a practical
matter, the robe works for me. I like to dress for comfort, and
would rather not wear a suit all day. Dress slacks, a dress shirt
and a tie and I am good to go. Just don't ask me to wear one of
those silly wigs. As always, remember it is in your court. Paul
Rasmussen is a District Court Judge in the Ninth Judicial District.
Th is article was submitted by Judge Steve Halsey of Wright County,
Tenth Judicial District.