What Is the Dress Code in Federal Court
As a practicing attorney, you know the importance of making a good first impression. The manner in which you present yourself to the court and your clients can affect the outcome of a case before you ever get started in obtaining discovery or trying the case in front of a judge. This is why it’s essential that you adhere to the federal court dress code.
Whether you’re an attorney or representing yourself in pro per, you are expected to wear professional dress when you appear before the court. This means that attire should mimic what you would wear in a formal business meeting. Attire should be clean and neat and free of visible tears, stains, rips, or discoloration. Clothing should not be oversized; shrinkage is usually the culprit for appearance issues like this, so it’s important that you check your closet with some regularity to ensure your wardrobe is up to date. This includes blazers, pants and skirts, blouses and dress shirts, ties, shoes, and suits. If you show up to the courthouse in an embarrassment to the court and its proceedings, you could draw the ire of judges or juries (if your case is being tried). You could possibly be barred from attending your trial.
Perhaps worse than simply losing a case , is getting sanctioned by the court for misunderstanding or disregarding dress requirements. This can involve anything from being reprimanded to being held in contempt of court. The consequences may not seem worthwhile when considering what is at stake. You wouldn’t dare show up to work in shorts and a tank top, so leave the same clothes at home when heading to the courtroom.
While there is not an official dress code that is part of the United States Code or a regulation in the Federal Rules of Civil Procedure, there are courts every year that adopt a dress code. They do this with an eye on maintaining dignity and respect in their courtrooms. They also do this because many courts are located in older buildings that have been in operation for years. They do not want attention drawn to the fact that their facilities are out of date, and unkempt by today’s modern standards. Their goal is to maintain an air of respect and decorum for the court, in furtherance of maintaining the integrity of the law itself.
It doesn’t matter if you’re a federal judge with decades of service behind you or a new pro se plaintiff, showing up in anything less than business professional attire could be disastrous.
Courtroom Style for Men
The appropriate dress for men attending court is as follows: A suit or sport coat and slacks (without any rips, holes or tears) are required. A dress shirt (with or without neckwear) should be worn. A necktie is preferred, but a tie without neckwear is better than no necktie at all. Neckties shall have no slogans, emblems or logos. Motel or hotel neckties are not considered appropriate attire for court appearance. Sweatshirts and sweater vests are not appropriate. Men should wear dresstrousers or slacks that are properly hemmed and which do not drag on the ground. Belt buckles must not be oversized and jewelry should be limited to a wristwatch and a conservative ring. Casual footwear such as sneakers, tennis shoes, flip flops, crocs and other open-toed and backless sandals are not permitted. Leather dress shoes, loafers, boots or wing-tips should be worn. Shoelaces are expected to be tied.
Women’s Courtroom Dress Code
While many of the standards for courtroom attire in state courts apply to federal court, there are some differences worth noting. Federal court is generally less formal than state court. For example, shorts are just fine in most federal courthouses and baseball caps are not frowned upon. While similarly tolerated, the following guidelines address what is acceptable as proper dress in federal court in Vermont. The guidelines set forth below describe the proper attire for women (Males will be discussed in a separate blog post).
Women may wear dressy casual attire such as slacks, blouses, dresses, skirts, business suits. The following are examples of attire that are acceptable: The following are examples of attire that are NOT acceptable: The following are some other examples of attire that is NOT acceptable: Shoes should be dressy casual or better. Rubber soled casual shoes that are intended for sports and/or working outdoors are NOT acceptable. Sandals are acceptable. Slippers or bedroom slippers are NOT acceptable. Head covering worn for religious or medical purposes are acceptable. Head coverings worn for fashion or adornment do NOT comply with this standard. Makeup should be applied in moderation and should be appropriate for a professional setting.
Dress Code Errors You Don’t Want to Make
Courts across the United States may not enforce a dress code with the zeal of the Kansas State Supreme Court but there is little doubt that most judges have a mental checklist of things that drive them nuts. As noted in the Mother Jones article "Court Watchers In Kansas Find Judges’ Loyalties Lean Toward the "Five Cs": Color, Condition, Cleanliness, Consistency, and Conformity" there is a wide variation in how courts enforce dress code that lends itself to draconian applications in some courts while others are more forgiving. However, while many courts give lip service to their dress code policies, they do make judgments about suits that look like a candidate from "American Idol." If you want an objectively good dress code, read below.
Common Mistake #1: Wearing jeans
What to wear instead: Slacks, khakis, or chinos
While the Ninth Circuit does not prohibit blue jeans, just about every other court in the country does. Even if your court doesn’t technically prohibit blue jeans, they are nearly always a bad choice. If you are confused on what to wear, before you freak out, you have to read the title of the Kansas Supreme Court caption above again to realize that the "Five Cs" were created for the legal defense of a murderer in "Do You Have to Wear a Suit in Federal Court?".
Common Mistake #2: Wearing something too fashion-forward
What to wear instead: Conservative clothing
While having conservative clothing does not mean dressing like the godfather of fashion design Karl Lagerfeld,, it does mean foregoing most of the clothes on the market today. To make matters worse, if you don’t do your research and only review your particular judge’s view on dress code you may wind up wearing the totally wrong color, style, and fit to court. Look at the DOJ article for Federal Court’s style tips.) Although I am sure it is fashionable, I will never forget that one of my friends wore a red corset top with black satin pants to the Ninth Circuit in 2010 which may I remind you is not a music video. That outfit has stuck in my mind like a bad headache since.
Common Mistake #3: Wearing sandals or flip flops
What to wear instead: Leather shoes, sneakers, or dress shoes
Not wearing proper footwear is bad enough to get you thrown out of court. Leave the beach sandals and flip flops for the weekend.
Common Mistake #4: Wearing shorts
What to wear instead: Dress pants or slacks
Although a full suit is not required in all jurisdictions, shorts are not going to cut it. To the luxury of many, Federal Courts do not require wearing "pants" with the exception of the Second and Eighth Circuits. On days when clients show up in shorts (more than I would like to admit), I expect someone in opposition to leap up and object to the casual dress. This past week in oral argument at the Ninth Circuit no one even blinked at opposing counsel and her client dressed in shorts. That being said, short shorts are also out as evidenced by this picture of Chief Justice John Roberts.
Common Mistake #5: Wearing large jewelry
What to wear instead: Nothing too large or cumbersome
I suspect you do not need a fashion expert to tell you that oversized jewelry is a bad thing.
In summary, even though the Fifth Circuit issued a public order on May 14, 2013, regarding appropriate courtroom attire that is fairly permissive, avoid thinking that you can go where fashion angels fear to tread. But rather than going soft on the rules, courts in Kansas released this additional order yesterday for lawyers not appearing to be in "compliance with the dress code" to leave "until a time reasonably sufficient for them to correct the issue."
Importance of Dressing Professionally
The way an attorney or any other participant in a federal court proceeding presents his or her physical appearance sends a strong message. In the more than two decades in which I have been attending almost every type of proceeding in nearly every federal district court in the nation, I can profess that in the overwhelming majority of cases the appearance is what matters most. A careful review of relevant case law reveals that this is exactly the way federal judges see it. As a result of adhering to commonly understood standards of courtroom appearances, cases and clients have benefited.
There should be a healthy respect for the system and its procedures , but there is also a risk of overstepping the bounds. The idea that one might be held in contempt of court because of one’s appearance, such as the mother held in contempt for wearing a t-shirt with vulgar letters on it at the discovery hearing, is fanciful. However, it is a possibility that should not be dismissed out of hand unless the facts of the case are straightened out first. Many persons are not aware of the importance of body language and visual panache that influences the decisions of judges-or anyone else, for that matter. The best point of view is that these judges are highly intelligent people. They are hurt by poor appearances, and they admire care.
Exceptions to the Rule and Cultural Differences
As the examples above illustrate, there are exceptions to the rules of dress when it comes to both civilian and attorney attire in the federal courtroom. A federal judge is not going to kick you out for wearing a headscarf, religious robe, or turban in his courtroom. The federal court system is adamant about making sure that no group of people feels unwelcome or pushed out by the dress code, and so the courts aim to make the dress code as non-specific as possible.
Cultural considerations also extend to certain types of dress, particularly when it comes to traditional court dress from other countries. For example, a Nigerian attorney may appear in a full gown, even with a head wrap. It is a matter of cultural pride that may stand out as unusual to some but looks perfectly normal in the eyes of a federal judge.
Remember, it’s also worth checking with all applicable guidelines.
Conclusion and Tips
In conclusion, while there is no formal Federal Court Dress Code per se, and most judges’ chambers do not maintain an official dress code, there are general guidelines respected by the federal judiciary regarding close to a uniform dress code for court appearance. As such, it is important that practitioners respect these guidelines and present well at the federal courthouse. Failure to do so could lead to a judge’s opinion of your case, before you’ve even opened your mouth.
While judges are held to a very high standard and are generally highly trained professionals , they still are people with their own preconceived notions and "gut feelings" about what will happen in a case. Therefore, it is in your best interest to make sure that the judge’s initial impressions of your case is a good one – dress appropriately!
Additional tips: In preparing for your upcoming court appearance, you should also keep the following in mind: The bottom line is always be prepared when stepping foot in the federal courthouse. Respectful attire and prepared courtroom etiquette is one more tool you can use to convince the Court that you are prepared and professional in the handling of your lawsuit.