Appropriate Apparel

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Most Wisconsin judges do not expect attorneys to dress like fashion models, but there is an apparent understanding between the two sides when it comes to appropriate attire in the courtroom.

However, a recent situation in Milwaukee County resulted in a judge threatening contempt for an assistant district attorney’s choice of accessory.

Warren D. Zier was chided by circuit court judge William Sosnay for appearing in court wearing an ascot rather than a tie and the differing tastes in fashion led to a nearly three-hour delay in a sentencing hearing.

According to Milwaukee County Circuit Court guidelines, which took effect in April 2007, male attorneys are required to wear coats and ties, while women should appear in dresses, suits or pantsuits.

Judges Decide

While Milwaukee has posted written recommendations, several other chief judges around the state and a federal judge say that, dress codes aside, standards are typically defined by the individual judges in their jurisdictions.

“I think universally there is an understanding that attorneys are to wear appropriate business attire,” said J. Mac Davis, chief judge of District 3. “Beyond that, it goes judge by judge.”

There is no definitive statewide rule for attorney attire, but Thomas J. Basting, Sr., president of the State Bar of Wisconsin, said the closest blanket guideline for courtroom decorum lies under SCR 20:3.4(c).

The statute requires lawyers to obey the rules of a tribunal, unless disobedience is based on an assertion that no valid obligation exists.

“If there is a local dress code court rule, lawyers who disobey it could be subject to discipline under SCR 20:3.4(c),” said Basting, who has been in practice more than 40 years. “However, I am not aware of any lawyer ever having been disciplined because of a dress code violation.”

Looser Standards

Davis said he has never personally encountered any problems with an attorney’s choice of wardrobe, but conceded that standards have generally loosened throughout the years.

While “99 percent” of male attorneys come in wearing a suit and tie and women wear something comparable, Davis indicated that slightly less formal outfits have become more prevalent.

“No question, standards of attire have changed,” said Davis. “Certainly nowadays, nobody thinks anything of showing up in a coat and khakis, or a jean-type material.”

Zier, who has been with the district attorney’s office sine 1986, said prior to the dress code in Milwaukee, he and other attorneys would wear black silk mock turtlenecks or crew-neck sweaters with a sport coat and slacks.

“It was never a problem,” said Zier, who added that the guidelines in Milwaukee still allow for substantial personal interpretation by judges.

“My interpretation is that the guidelines are the maximum requirements and judges have discretion to allow less, and in fact have,” said Zier.

Sosnay indicated that his objection was not a matter of material, but rather an issue of court integrity.

Dressing up to Code

Benjamin D. Proctor, chief judge of District 10, said all 13 counties in his district have recently adopted some form of a dress code for attorneys.

Last May, Eau Claire adopted a circuit court rule which states that “lawyers and court officials shall, while in court be attired in such a manner as not to lessen the dignity of the court or of proceedings in the eyes of the jury.”

Still, Proctor said that enforcement of a rule is up to the individual judge, but nit-picking is not a worthwhile endeavor.

“The devil is in the details,” said Proctor. “If you would try to set something specific, that wouldn’t be productive.”

The U.S. District Court for the Eastern District of Wisconsin does not have a written dress code for practitioners, but District Court Judge Charles N. Clevert said he prefers his attorneys to come “dressed for business.”

Dress for Bench, not Beach

“I do think the person should be dressed to demonstrate they are to take the proceedings seriously and have respect for occasion,” said Clevert. “Beachwear is not appropriate.”

While showing up for court short of sandals and a swimsuit seems unlikely, it is not unheard of.

District 9 Chief Judge Dorothy Bain said she had a female attorney attempt to appear before her in shorts and a male attorney came into court wearing a muscle shirt and jeans.

“We reset the hearing,” said Bain.

Though she oversees over a dozen counties in the northern part of the state, Bain did not think her standards differed from those of more urban areas.

“I do not believe that we are any less demanding than other areas of the state,” said Bain. “Basically, I believe dressing up shows respect for the court and I wear the same things I request of others under my robe.”

Zier insisted that his appearance in no way affected his respect for the court or Sosnay and that by his estimation, as ascot is as good as a tie. Though he did not accommodate Sosnay’s request to alter his style, Zier said he has in the past for other judges.

“I once appeared before a judge and wore a leather sports coat as opposed to cloth,” said Zier. “He asked that I take it off because he believed it to be some sort of outerwear, so I did.”

Ultimately, it is a matter of judicial taste and tolerance.

Blast from the Past

Proctor said that he has pulled aside more than a few attorneys for wearing Levi’s, but admitted that he has a fondness for a local public defender who regularly practices in Zoot Suits.

“He’s a little quirky and comes in with these real flashy suits with two-foot lapels and giant bell-bottoms,” said Proctor. “We get a kick out of it, because he’s nicely tailored and very respectful. But he might go to another court in another county, and the judge might think it was a clown suit and tell him to get out of there.”

Basting recalled an incident in Rock County where a judge sent a female attorney home to change clothes because he thought her skirt was too short.

Davis said attorneys will occasionally appear sans tie in his court, depending on the situation.

“It’s usually for a briefing, a status report or something the attorney could have done over the phone,” said Davis. “In some cases though, attorneys may carry a tie in their brief case or borrow one from a judge.”