Supreme Court of Florida
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No. SC15-497
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IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL
ADMINISTRATION—NEW RULE 2.340.
[September 10, 2015]
PER CURIAM.
The Court, on its own motion, adopts new Florida Rule of Judicial
Administration 2.340 (Judicial Attire) to govern judges’ attire during judicial
proceedings.1 The demeanor of judges in a public courtroom, including the attire
they wear there, is a crucial indicator of the seriousness of the judicial office and of
the proceedings. In this regard, this Court has a major responsibility to provide
leadership and direction to advance the judicial branch’s ongoing effort to enhance
public trust and confidence in the third branch of government. As part of this
responsibility, we adopt new rule 2.340 to provide guidance to Florida’s judges
and emphasize that the attire worn by judges during judicial proceedings must
1. See Fla. R. Jud. Admin. 2.140(d).
promote public trust and confidence in the proceedings and the judicial system as a
whole.2
Prior to adopting the new rule, the Court published notice that it was
considering adopting a rule to govern judges’ attire during judicial proceedings,
specifically seeking comments from the Rules of Judicial Administration
Committee and the conferences of judges. The Court received eight comments.
The Conference of County Court Judges has no comment on the rule. The
Conference of Circuit Court Judges reports that it takes no position on the rule
because of a lack of clear direction from the membership, some of whom support
the rule and some of whom object to it. The Conference of District Court of
Appeal Judges does not see a need for the rule and is unaware of “any
inappropriate circumstances which it believes would be curtailed by the rule.” The
Rules of Judicial Administration Committee agrees the new rule is appropriate and
within the Court’s purview. Other commenters question the need for the rule or its
application. Some commenters express concern that the Court does not trust
judges to dress appropriately or otherwise exercise good judgment.
After considering the comments and reflecting on this Court’s responsibility
to provide clear direction when needed to promote public trust and confidence in
2. We have jurisdiction. See art. V, § 2(a), Fla. Const.
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the judicial branch, we adopt new rule 2.340, as published for comment, to provide
that “[d]uring any judicial proceeding, robes worn by a judge must be solid black
with no embellishment.”3
In adopting the new rule, we want to assuage any concern that this Court
does not have confidence in Florida’s judges. To the contrary, this Court holds the
judges of this state in the utmost esteem and is confident the vast majority of
judges fully fulfill their ethical responsibilities to respect and honor the judicial
office they hold, and to present and conduct themselves in a manner that promotes
trust and confidence in our judicial system. See Fla. Code of Jud. Conduct,
Preamble (recognizing that “intrinsic to all sections of [the Code of Judicial
Conduct] are the precepts that judges, individually and collectively, must respect
and honor the judicial office as a public trust and strive to enhance and maintain
confidence in our legal system”). Our Code of Judicial Conduct recognizes that as
the “arbiter of facts and law for the resolution of disputes,” Florida’s judges are the
face of the judicial branch of government. And, as such, judges must conduct
themselves accordingly, both in their actions and their appearance. Id.
3. Cf. Ala. R. Jud. Admin. 22 (requiring judges to wear suitable black robes
during judicial proceedings); Alaska R. Admin. Cts. 21 (requiring judges to wear a
suitable black robe while presiding in public session of court); Cal. R. Ct. 10.505
(governing style of black robes worn by judges in open court, as prescribed by
statute); Wis. Sup. Ct. R. 62.02 (requiring judges to wear black robes while
presiding from bench).
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(recognizing the judge as “a highly visible symbol of government under the rule of
law”). When a litigant appears in court, it is the presiding judge who sets the tone
of the proceedings, puts those in attendance at ease, and maintains order and
decorum throughout the proceedings, all of which establishes confidence in the
legal process.
Consistent with the overarching precept of the Code of Judicial Conduct that
judges, individually and collectively, must promote trust and confidence in the
judicial system, it is the policy of the judicial branch and of this Court to develop
strategies to promote public trust and confidence in the judiciary. In fact, the long-
range strategic plan for the Florida judicial branch approved by this Court includes,
as one of its “long-range issues”4 and core tenets, the enhancement of public trust
and confidence in the judicial branch:
Long-Range Issue #5—Enhancing Public Trust and Confidence
Public trust and confidence in the judicial branch is at the core
of maintaining a peaceful and democratic society. The judicial branch
4. According to the long-range strategic plan,
The long-range issues are high priority strategic areas presenting
significant challenges that must be addressed over the long term in
order to move toward fulfilling the vision and mission [of the Judicial
Branch].
The Florida Supreme Court Task Force on Judicial Branch Planning, The Long-
Range Strategic Plan for the Florida Judicial Branch 2009-2015, 2 (on file with
Office of State Court Adm’r).
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must consistently strive to maintain and improve the public’s trust and
confidence by: fulfilling its mission of protecting rights and liberties,
upholding and interpreting the law, and providing for the peaceful
resolution of disputes; and by achieving its vision of being accessible,
fair, effective, responsive, and accountable to all Floridians.
Regardless of the economic and political challenges, the branch must
remain steadfast in its commitment to maintain and consistently build
the public’s trust and confidence.
The Florida Supreme Court Task Force on Judicial Branch Planning, The Long-
Range Strategic Plan for the Florida Judicial Branch 2009-2015, 20 (on file with
Office of State Court Adm’r).
According to the long-range strategic plan, “[s]urvey respondents in 2008
reported higher levels of trust and confidence in Florida’s courts than did
respondents to a survey in 1996.” However, the plan goes on to recognize that
despite the strides that the branch has made in improving the public’s trust and
confidence,
confusion still exists among the public about the role, purposes, and
function of courts, and a compelling need remains to better educate
and inform the public about the role and accomplishments of the
branch, according to recent survey findings. Effective public
education about the courts helps to better inform the public and
positively shape public perception and understanding of the judicial
branch. These ongoing efforts are vitally important to enhancing
public trust and confidence. . . .
To fulfill its mission and achieve its vision, the judicial branch
must perform its duties with impartiality, integrity, and honesty.
Additionally, the courts’ performance must be perceived to be fair and
free from systemic bias, particularly concerning race. . . .
Finally, the State Courts System can enhance public trust and
confidence by maintaining the highest standards of accountability for
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its use of public resources, adhering to statutory and constitutional
mandates, and continuing to improve its overall performance. The
State Courts System should inform the public, demonstrate
transparency, and ultimately maintain and build the public’s trust and
confidence by regularly and accurately reporting on its use of
resources and its accomplishments.
Id. The strategies identified in issue number 5 of the long-range plan are just some
of the ways that the judicial branch as a whole can instill public trust and
confidence. This Court and the Chief Justice have a separate, yet concomitant,
obligation as the head of the judicial branch to identify and implement additional
strategies to ensure the public trust.5
Presiding judges wearing different colored robes or robes with varying
embellishments could result in uncertainty for those coming before our courts and
5. According to the long-range strategic plan, it is:
intended to assist the Supreme Court of Florida and the chief justice of
Florida in leading the State Courts System as well as the judicial
branch. In addition to exercising direct control over the
administration of the State Courts System, the supreme court and the
chief justice provide leadership and direction within the broader
justice system. The supreme court makes rules governing the courts
and the legal profession, oversees the regulation of lawyers and the
admission of new lawyers into the practice of law, imposes judicial
discipline based upon recommendations by the Judicial Qualifications
Commission, and provides critical oversight over other aspects of the
justice system. Therefore, within this plan some goals and strategies
are explicitly directed to the State Courts System, and others are
addressed more broadly to the overall justice system.
The Long-Range Strategic Plan for the Florida Judicial Branch 2009-2015, at 2.
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serve to counter the efforts the branch has employed to gain the public’s trust. For
example, one could question whether there is a “status” attributed to the varying
colors or embellishments worn by different judges, e.g., whether the color or
embellishment denotes a rank of judge based on tenure, ability, or some other
factor—is this judge more or less qualified or maybe the chief judge? Depending
on the color or pattern of the robe or the type of embellishment worn, some may
wonder whether the presiding judge is a “real judge” or whether the judge will take
the proceedings seriously. Robe color also could be seen as a reflection of a
judge’s mood or attitude that day. Should a defendant facing the death penalty feel
trepidation when the presiding judge appears in a red robe or feel more at ease
when the robe is green? The possibility that the unique attire of the judge assigned
to one’s case could raise these concerns and thereby diminish public trust and
confidence in the proceedings is not acceptable.
The public should not have to guess as to the meaning of different colored,
patterned, or embellished robes. Promoting uniformity in judicial attire, by
requiring all judges to wear unembellished, solid black robes, will no doubt avoid
these concerns and promote public trust and confidence. The people of Florida
have a right to expect equal justice every day, in every court in this state, and
should not have to question whether equal justice is being dispensed based on the
color of a judge’s robe.
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It is also reasonable for the people of Florida to expect the members of their
judiciary to conduct themselves as professionals consistent with the rules and
guidelines adopted by this Court. We have no doubt that the clear majority of
judges conduct themselves in the most exemplary manner and hold themselves to
the highest of standards, and would do so without any rules governing their
conduct or attire. Unfortunately, that is not the case with all judges. One need
only read the myriad opinions from this Court disciplining judges after a finding of
misconduct by the Judicial Qualifications Commission to agree that this Court
must provide guidance when it identifies an area of potential concern. Adopting
new rule 2.340 is but another step this Court takes in furtherance of its oversight
and leadership role in identifying and implementing strategies to enhance the
public trust and confidence in the third branch of government.
Accordingly, we amend the Florida Rules of Judicial Administration as
reflected in the appendix to this opinion. The new language is indicated by
underscoring. The new rule shall become effective immediately upon the release
of this opinion.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, and PERRY,
JJ., concur.
CANADY, J., concurs in result.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
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Original Proceeding – Florida Rules of Judicial Administration
Honorable Merrilee Ehrlich, Broward County Circuit Judge, 17th Judicial Circuit,
Fort Lauderdale, Florida; Honorable Robert Eugene Belanger, Circuit Judge, 19th
Judicial Circuit, Fort Pierce, Florida; Honorable David L. Tobin, Retired Circuit
Judge, Miami, Florida; James Byington McAfee, Jr., Richmond Virginia;
Honorable William David Palmer, President, Conference of District Court of
Appeal Judges, Daytona Beach, Florida; Honorable Jeffrey J. Colbath, Chair,
Florida Conference of Circuit Judges; West Palm Beach, Florida; and Honorable
Claude Robert Hilliard, President, Conference of County Court Judges of Florida,
Milton, Florida,
Responding with Comments
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APPENDIX
PART. III JUDICIAL OFFICERS
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RULE 2.340 JUDICIAL ATTIRE
During any judicial proceeding, robes worn by a judge must be solid black
with no embellishment.
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