If you're headed to traffic court in Bakersfield, Calif., better leave the flip-flops at home. Have a court appearance in district court in Inkster, Mich. Jeans are on the not-to-wear list.
And don't even think of wearing short shorts to court in Dover, Del. Judges in those jurisdictions and others across the USA are cracking down on skimpy, sloppy or what they consider inappropriate attire in an effort to maintain decorum and beef up security.
A Delaware provision that bars skirts shorter than 4 inches above the knee when standing "sounds like Catholic school," says Timothy Fautsko, who advises courts on security issues for the National Center for State Courts. But, he says, the dress codes serve a purpose. Courts are a place where serious business is conducted, and that demands appropriate attire, says Delaware Superior Court Judge William Witham Jr.
"We're not out to treat people as school kids, but we do expect if you come to court, you need to treat it with the appropriate respect and dignity it should deserve due to the occasion," he says.
Here are some of the no no's
In May, Jennifer LaPenta was jailed briefly after a judge in Lake County, Ill., held her in contempt for wearing an offensive T-shirt to court.
• In Inkster, Mich., Joseph Kassab was turned away in April from the courtroom for wearing black jeans. He missed his traffic court appearance and was fined, and he's challenging the dress code in the state Court of Appeals.
• The same thing happened to Linda West, who missed her court date after being refused entry in June to court in Bakersfield, Calif., for wearing flip-flops.
• In July, in Hamilton County (Ohio) Municipal Court, William Morse's T-shirt featuring slasher-movie character Chucky and the words "Say goodbye to the killer" earned Morse a warning that he'd spend a day in jail if he came to court again with inappropriate attire.
Though some attire may seem obvious choices to ban, other clothing can be a tougher call — and barring some attire can raise troubling questions about race, religion and access to justice, legal experts say.
"It would seem inappropriate to have the security officers be the determiner unless it's a safety issue … especially when the result could be they miss their court appearance and are subject to a penalty. That would be questionable," says Micah J. Yarbrough, a professor at Widener University School of Law.
Many dress codes single out baggy pants, particularly those that expose undergarments.
Fautsko says an increasing numbers of courts are adopting dress codes, and for security reasons some specify that faces be uncovered, posing problems for Muslim women wearing veils or burqas.
A pajama-clad woman who was turned away from court in Delaware "probably wears that outfit to the grocery store," Fischer says. "Dressing up, that's something that you're taught, and if you don't live or participate in any of the arenas where you need to dress up, you probably just don't think about it."
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