A Dressing Down for Not Dressing Up

When such weighty concerns as inept trial lawyers are not on his mind, Chief Justice Burger can get his pique up about remarkably picayune matters. Lately he and some fellow Justices have been smoldering about the attire of attorneys appearing before the Supreme Court.

Burger was particularly upset by an incident in October. A woman lawyer about to argue a case told Court Clerk Michael Kodak, "All I own are pantsuits. Should I go out and buy a dress?" Rodak checked with Burger and reported back that the Chief had said "no to pantsuits in no uncertain terms." Apparently unimpressed, the woman appeared in a pantsuit.

Three weeks ago a male attorney showed up in an outfit for which, one Justice allowed, "unharmonious would be a kind term." The attorney's chief sartorial sin: wearing a patterned brown shirt and a clashing patterned red tie. The departure from white-shirted tradition prompted whispered comments while the unfortunate fellow argued his case. Muttered one Justice: "We're just getting oldfashioned, I guess."

The old, old fashion was, of course, morning suits for all. Once, in the 1890s, when a young attorney showed up in "street clothes," Justice Horace Gray was overheard growling, "Who is that beast who dares to come in here with a gray coat?" In recent years, a dark business suit has become acceptable, though the Solicitor General and his male staff members still represent the U.S. in cutaways and striped trousers. As for Deputy Solicitor General Jewel Lafontant, she has designed a cutaway-inspired jacket and striped skirt.

But as more and more women follow in the footsteps of Shakespeare's Portia, inquiries like the one on the pantsuit seem more likely. For instance, Watergate Prosecutor Jill Volner has been an eyecatcher as she cross-examines at Judge John Sirica's court in boots and a mini. Would the same attire pass muster before the "nine old men"?

Firmly against too many liberties where dress is concerned, Burger has ordered Clerk Rodak to draw up a new, more detailed dress code. Rodak reports: "It will say that male lawyers should wear a dark suit, with a vest if possible, a conservative tie and black shoes." Women will be discouraged from wearing sweaters or pants. "The dress," says one Justice, "should be appropriate to a serious undertaking such as a court proceeding."

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