British judges dressing down.

Lower court judges in England and Wales are apparently poised to join their Scottish colleagues and give up their expensive wigs and robes - at least in civil cases.

The judicial robe and barrister's gown dates from the reign of Edward III (1327-77) and by the 17th century, the fur and silk-lined robes were well established as a mark of high judicial office. Judicial costume changed with the seasons, generally green in the summer and violet in the winter, with red reserved for special occasions (See below). The plain black gown was adopted by most barristers in 1685 when the bar went into mourning at the death of King Charles II. They have apparently never gotten over it.

Use of a wig as part of judicial attire dates from about 1660, the time of the restoration of the English monarchy after the civil war. Upon the return of Charles II from France, the fashion of the Court of Louis XIV for powdered wigs became de rigeur for those who wanted to show their rejection of the old regime of Oliver Cromwell and his short-haired "Roundheads".

Thomas Jefferson, said that English judges looked to him "like mice peeping out of oakum" and urged American judges to abandon the traditional wigs and robes while fellow lawyer and founding father, John Adams, urged them to maintain the traditional dress. Most American judges compromised by dropping the uncomfortable wigs and adopting the less ostentatious, plain black "barrister's robe."

Apparently all the different wigs and robes English judges wear in various types of cases and seasons cost around $20,000 so the decision is largely an economic one although the regalia will still be worn in criminal cases and by High Court judges. Presumably, those still wearing traditional judicial garb will continue to follow the "Court Dress Consultation Paper issued on behalf of the Lord Chancellor and the Lord Chief Justice" (August 1992):

When sitting in the Court of Appeal (Criminal Division), High Court judges, like other members of the Court of Appeal, wear a black silk gown and a short wig, as they do in Divisional Court. When dealing with criminal business at first instance in the winter, a High Court judge wears the scarlet robe of the ceremonial dress but without the scarlet cloth and fur mantle. When dealing with criminal business in the summer, the judge wears a similar scarlet robe, but with silk rather than fur facings. A Queen's Bench judge trying civil cases in winter wears a black robe faced with fur, a black scarf and girdle and a scarlet tippet; in summer, a violet robe faced with silk, with the black scarf and girdle and scarlet tippet. On red letter days (which include the Sovereign's birthday and certain saint's days) all judges wear the scarlet robe for the appropriate season.

Did you get all that? There will be a quiz later. Oh, before you ask, I have absolutely no idea what a "tippet" is but it sounds to me like American judges made the right decision.

Hat tip to How Appealing.