Judge Notes - July 25

By: Corey R. Moon

We all know from watching TV and movies that it is common for judges to wear black robes. Kids find them entertaining or silly. Adults may not understand why. Some judges feel weird wearing them – at least I do, anyway. But have you ever wondered why judges wear black robes? What is the meaning behind it?

In the United States we adopted many customs from England. Legal principles and traditions were no exception. Judges in England had certain traditions dating back hundreds of years. Two of these were wearing colorful robes and powdered wigs, also called perukes. Thank goodness we did not adopt that tradition! Wigs are still worn in the UK today in some cases, but the practice is currently under some scrutiny.

Wigs aside, if the robes were colorful, where did the wearing of black robes begin? Many agree this tradition began around 1694. Judges began wearing robes that were black as a sign of mourning the passing of Queen Mary II, the Queen of England at the time (also known as founder of William and Mary College in Virginia, trendsetter in interior design, and known for popularizing the keeping of goldfish as pets, according to Wikipedia).

Here in the United States, our own judicial trendsetter was Chief Justice John Marshall. When he took his oath to serve on the Supreme Court in 1801, he decided black was the color of robe for him. Of course, as the chief justice and a figure of authority within the judicial branch, other judges began wearing black robes, too.

In some states, the law requires judges to wear robes on the bench. In others, like Missouri, local courts have rules regarding the wearing of robes. Here in the 2nd circuit, rule 9.2(C.) says “Judges should be attired in judicial robes when presiding in the courtroom.”

For judges, the robe is a garb of important symbolism. It represents a judge’s commitment to fairness and impartiality, and the idea that “justice is blind.” We do our best to convey that message each time we put on the black robe.