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Judges voice objection to courtroom attire by some lawyers
Monday, August 21, 2006
KYLE W. MORRISON ~ Southeast Missourian

Local judges want it to be made clear: No shirt, no shoes, no litigation.
In a letter sent last week to lawyers practicing in the 32nd Judicial Circuit, which includes Cape Girardeau, Bollinger, and Perry counties, Circuit Judge Benjamin Lewis informed them that a new rule on courtroom decorum and dress was imposed.

The rule, passed by a majority vote by the six judges in the circuit, states that "appropriate professional attire" is required when in court, including a coat and tie for men.

"Regrettably, a few attorneys have chosen to bring the general decay of civility into the courtroom, thereby making this rule necessary," Lewis said in the letter.

While not explicitly stated in the rule, the letter said socks and shoes would be required for professional attire.

"We decline to promulgate a rule, which will be published nationally, that suggests that lawyers in Southeast Missouri must be told to wear shoes to court," the letter stated.

Private lawyer Stephan Wilson said he saw the humor of Lewis' letter and believed it was a way to tell practicing lawyers they were becoming too relaxed in court.

"I do think he was being slightly facetious," Wilson said.

Lewis admitted the letter to be a bit tongue in cheek, adding no lawyer that he was aware of entered a courtroom sans shoes. The major problems recently was some who were wearing jeans and not wearing ties or socks, he said.

Professional attire was necessary from both lawyers and judges in order to help keep order in and respectability of the court, according to Lewis.

"This is one of the few places left where its important that we dress appropriately and behave appropriately," he said. "It's not a cruise ship, it's not a carnival in there. You have to maintain some kind of decorum."

The judge believed a couple lawyers wanted to push the limits of what was acceptable to wear in court, or some were simply indifferent.

"I suspect a couple came to mind that caused this thing to be handed down, one of which was me," private lawyer Malcolm Montgomery said.

There were about six lawyers who prompted the rule, but Lewis declined to provide names.

In the past, Montgomery said he has been lax on wearing a tie or socks, but agreed the judges' rule was appropriate, and he would follow it.

The rule also included a provision that lawyers should advise their clients of court formalities and proper attire.

Defendants are not required to wear a suit and tie, but they should be covered up and not wear shorts or shirts with vulgar language, Lewis said.

After receiving Lewis' letter and the ruling, Public defender Chris Davis said he reminded his lawyers of a wardrobe with donated clothing their indigent clients could use for trials or court appearances.

Lewis doubted any lawyer or defendant would in the future be held in contempt for violating the dress code. Anyone who does would likely be sent home to change into appropriate attire, he said.