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19th April 10, 08:34 PM
#11
I disagree--respectfully--this is either a theft or burglary case and the OP may not be sure whether the DA is seating a jury or just wants him there, just in case.
Take a look at the subpoena and see if it is a trial or a preliminary hearing--then call the DA and see how they suggest you dress. Since it is Texas, I'm gonna guess dress comfortably...but, not in a kilt.
Why? If it is a theft case and you dress too nicely, the jury might think there was no harm. If you dress not so nicely, the jury might be more sympathetic. AND, if you dress in a kilt you might put off one of the members of the venire or the panel. Plus, you are the State's witness. But, this is not legal advice...just a short study of human nature.
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19th April 10, 09:50 PM
#12
I'm not sure from the paperwork if this is gonna be an actual trial, or just the sentencing phase with a JV court Judge. So as a state's witness I may have to testify, or I might just sit there. I will talk to the DA this week, I'll let you know.
I guess I'll make up my mind about the kilt thing once I know more about what I;m expected to do.
Although it was attempted burglary, the the goods were recovered at the scene, and I had no interaction with the kid in question. The charge is "child engaged in delinquent conduct".
Order of the Dandelion, The Houston Area Kilt Society, Bald Rabble in Kilts, Kilted Texas Rabble Rousers, The Flatcap Confederation, Kilted Playtron Group.
"If you’re going to talk the talk, you’ve got to walk the walk"
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19th April 10, 10:20 PM
#13
I have, as they say, "a heavy right foot". I've appeared as a defendant on speeding charges a few times, shall we say. I put on a suit and tie to appear, and get mistaken for a lawyer, despite my waist length hair. I'm always amazed how badly dressed most people are for their day in court, so I'm automatically the best dressed. Perhaps it's just this way in America?
Actually, there are one or two long haired lawyers around, and they seem to do as well as anyone. My theory is that if the other side commented on their hair it would be seen as grasping at straws for lack of a case. OTOH, judges have definitely been known to informally reprimand lawyers who didn't wear a jacket and tie, which is seen as disrespect for the court. I don't know how they'd view (male) lawyers not wearing trousers, LOL! Not a problem in Scotland I'm sure, but elsewhere I don't know.
Being a witness or a victim are different again, and that seems to be where this thread fits in. I think the kilt would definitely be preferable to the tatty jeans, and in fact as long as you look clean and smart I can't see a problem.
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20th April 10, 04:48 AM
#14
Just to be clear--this is Texas. Men in kilts are not the norm. Add in the fact that this is very likely a smaller town and I think calling the DA is the first step. Also, I'm going to court today (went yesterday and will go again tomorrow!)--I'll wear a suit and tie so that the judge and sheriff's deputy do not mistake me for a party, because, in Bexar County, Texas, there is a dress code for lawyers.
As for my earlier comments, there is nothing worse than having a defendant on the stand tugging at his collar or her dress because they are not used to dressing up...it distracts the jury from the testimony. So does a witness that moves around too much--makes me sea sick!
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20th April 10, 06:30 AM
#15
It's tricky when trading terms between the US and Canadian court systems, but part of my job is to appear as what legally amounts to the people's complainant in criminal court. Courts are unique and retro places where dress codes are much more important than they currently are in general society, and the way people dress reflects a show of respect (therefore potentially disrespect) for the Bench. To appear as a kilted complainant in my jurisdiction would be taken as disrespectful to one degree or another- and that would be in addition to the distraction factor. Plus, I know for a fact that any visible sign of eccentricity detracts from both complainant and witness credibility. Your instinct is therefore correct as far as my experience goes: I would only appear kilted if I wanted to (subtly) damage a case. Or if I was in Scotland.
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20th April 10, 06:52 AM
#16
Have you considered wearing a robe and powdered wig and insisting on addressing the judge as "MiLord"?
Works for Rumpole...
Bearing in mind that I am truly a "part timer", I'd suggest that, in this case, showing up in a suit wouldn't be compromising your principles. Sounds like your role in this is serious and that the young man in question needs to be treated with serious consideration for his own good...might as well not take the chance that your contribution will be taken with the proverbial grain of salt because you're kilted.
Best
AA
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20th April 10, 09:04 AM
#17
With all I have said, a judge (who is also a friend) said she wouldn't have issues with a kilt in the courtroom. And, another judge told me to wear my kilt so I can be the poster boy for what not to wear in court at the next CLE.
Canuck--seems courts and stereotypes are true to form in both our countries.
Auld--If your comments were directed at me...yeah, I have thought about a wig and robe, calling the judge "me lord", and referring to my opposing counsel, with the correct amount of disdain, as "my learned colleague". But, my partner is English and he puts all kinds of wierd ideas in my head.
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20th April 10, 07:52 PM
#18
A while back I was summoned for jury duty. I showed up wearing a navy blue suit jacket, matching vest, light blue Oxford shirt, understated tie,navy blue slacks and well polished shoes. I was dismissed by the Court with their thanks. As I was leaving, one of the deputies (a female) commented that I was one of the best dressed jurors she had seen in a long time. I thanked her and continued out of the building. I think I upstaged the attorneys.
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20th April 10, 08:19 PM
#19
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21st April 10, 12:14 AM
#20
Originally Posted by Jordan
I would say if you dont feel comfertable goin to court in a kilt not to bother but on the other hand if you are kilted almost full time then I would say go for it.
just my tuppence
Jordan
I agree with you, Jordan.
Since taking to the kilt full-time some 25 years ago, I now don't own any other choice of garment. This means that, were I chosen for jury duty, say, I would have no option but to wear a kilt. It's me.
John
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