Why Do Judges Wear Black Robes?
It is a question that must cross many a curious mind, especially when appearing in court before a judge, customarily draped in flowing garb: Does it have to be a robe, and why is it black?
-
The Aristocracy
-
The judge's uniform has its roots in the British aristocracy, a system that ensured that the most privileged have the highest positions of power. Thus judges had to dress as representatives of their privilege, wearing robes made of the fur of weasels called ermine.
The Royal Funeral
-
Judges wearing black is believed to have started when all of the judges in England attended the funeral of Queen Mary II in 1694. They all wore black, the color of mourning, and since the mourning period lasted a few more years after Mary's burial, the custom of wearing black robes became entrenched in the English judiciary.
The Carryover
-
As Englishmen ventured into the New World and carved out colonies, they brought their traditions along with them, which included the black robes of their judges. Another thing to note is that British judges wore white-powdered wigs.
The Conflict
-
The aura of British aristocracy ended with the American Revolution en route to the establishment of the United States of America. After the war, many of the Founding Fathers, led by Thomas Jefferson, wanted to get rid of every vestige of that era and proposed that judges wear suits instead of robes. However, there were others, led by John Adams--he was, coincidentally, a lawyer by profession--who argued for keeping the British custom of judicial clothing.
The Compromise
-
Eventually, both sides reached a compromise: ditch the wigs, keep the robes. Over the next two and a half centuries, the robes became simpler, morphing into the plain, flowing black robes judges wear today.
-
