Miscellaneous

Disrobing in West Virginia

By Anne Skove, Esq.

Who gets to wear the robe? Evidently not West Virginia magistrates.

One such magistrate tried on a robe (at her own expense), loved the goes-with-everything color, hides-everything style, and R-E-S-P-E-C-T it commanded. But rules are rules, and in West Virginia only state supreme court judges, circuit court judges, and family court judges may wear robes. The state court administrator ordered the magistrate to dis-robe.

In states where quasi-judicial officers need not be lawyers, the no-robes rule makes sense. West Virginia only requires magistrates to have a high school degree. However, the magistrates are on call 24/7; it seems that a robe over PJ's might come in handy.

The magistrate in question says a dialogue on the issue is needed. The dress code specifies business wear, but the symbolism and professionalism of the robe may be more meaningful. The robed magistrate doesn't even care if the robes are a different color from those of judges, she just wants to be set apart from the other courtroom players.

See Magistrate Told Not to Wear Robe, Cara Bailey, Charleston Daily Mail (April 13, 2009), and Magistrate Says Wearing a Robe Wasn't an Act of Defiance, Justin Anderson, West Virginia Record (April 8, 2009).

Thank goodness we don't have to worry about wigs on this side of the pond.

Full post as published by court-o-rama.org on April 13, 2009 (boomark / email).