Colour 'Sensitive' Magistrate Vs Eccentric Lawyer

There is an interesting report in the NST today. It throws up many questions about the powers of a magistrate as well as the practices and conventions which lawyers have to follow. Read the report first:

A lawyer here saw red when a magistrate ordered him to remove his red necktie last month because she did not like the colour. He has filed a complaint with the Senior Sessions Court Judge of Johor Baru.

According to a copy of the complaint which was obtained by the New Straits Times, the lawyer, who refused to be identified or interviewed, had appeared in the magistrate’s court at 9am for a criminal case.

Midway through the proceedings, the case was postponed and the magistrate retired to her chambers. At this point, the interpreter instructed the lawyer to remove his red necktie as the magistrate did not like red ties.

When the lawyer refused to do so, he was called into the magistrate’s chambers. The magistrate repeated her instruction to the lawyer and said that she did not mind any other tie except those that were red.

The lawyer replied that he would would not wear a red tie the next time he appeared in her court.

According to the letter of complaint, the magistrate was still not satisfied and said: "It is my instruction to you now to change your tie, if not you can't appear in front of me in open court later".

The magistrate also told him to borrow a tie. When the lawyer refused, the magistrate repeated the order and gave him until 2.30pm to comply.

She also warned the lawyer that the case would proceed without him if he refused to comply.

***** It is accepted that the responsibility for maintaining decorum within a court lies with the presiding judicial officer and the magistrate in this case is well within her rights to insist on the lawyer observing a 'proper' dress code.

The practice in courts the world over is that the strict observance of a lawyer's attire is non-negotiable. In the tradition-bound courts of law in England for example, there is an old remark by a judge of yore meant for the benefit of improperly attired lawyers - "I can hear you, but I can't see you." Strongly implied in that benign statement is the importance the judiciary gives to suitable attire.

In the Malaysian context, the Bar Council has issued guidelines regarding the acceptable dress code for lawyers and it clearly states that ties should be of 'sober' colour. Mind you, that this is not a directive from the Bench but a requirement from the Bar. The red tie loving lawyer could be one of those unconventional rebels out to 'push the envelope' and see how much he can get away with. Since he has taken the matter to the Sessions Court, perhaps the time is opportune for the judiciary to pronounce officially on the suitable attire for officers of the court. At least the courts won't have to waste time on trivial issues in the future.
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