Last week I got to court before the roll call hoping to dispose of a case early in the day.  Typically in North Carolina a deputy in the courtroom makes announcements before the judge takes the bench. Usually he reminds everyone to turn off cell phones, don’t chew gum, take off hats and so forth.  This time there were some additional announcements specific to the judge who was presiding that day.  First was an admonition about tucking in shirt tails and a warning that if you “untucked” before getting out of the courtroom the judge would find you in contempt and you go to jail.  There was also a warning about jewelry in piercings, the deputy warned that the judge would not acknowledge anyone who had facial piercings with jewelry inserted.  I think there was an exception for females with pierced ears, but I remember men were warned that earrings must be removed.

I suppose the judge made these rules to uphold the dignity in the courtroom, but I wonder if that message is not lost on most of those present.  There was no announcement that everyone was presumed innocent until proven guilty.  Nor was there an announcement that each person before the court was entitled to Due Process and Equal Protection.  What the group of defendants (all had to appear in court that day) were told was that the presiding judge had decided that his own clothing preferences would be enforced under penalty of law.  The punishment for failing to meet his expectation was the judge throwing you in jail or ignoring you until you removed your facial hardware.  The message I heard was: “Comply with the whim of a State official or go to jail.”  What the people there in court that day learned was the justice of your cause mattered less than your appearance.

There is no statutory requirement that a party dress any particular way when they come to court.  There is an explicit rule requiring attorneys to wear “business attire” while in the courtroom.  A judge’s rule about correct court clothing varies like the width of the Chancellor’s Foot.  Defendants in jail are brought in wearing jail-issued jumpsuits and in shackles (unless it is a jury session), even though no one is dignified in that outfit.  The message: proper attire is mandatory unless the State would have to go to any trouble to accommodate it.

I don’t disagree that people should dress nicely for court, but if there are dress codes that carry the force of law, shouldn’t they be adopted through the democratic process and made known to everyone summoned to court ahead of time?