The American judicial system is one that is entrenched in both tradition and protocol. Although minor exceptions can be made for breaches in practice and protocol, for the most part, there are a host of written and unwritten rules that must be followed in this environment. With this in mind, this brief investigation considers the specific courtroom etiquette that should be followed when appearing in the courtroom and participating in the judicial system. By examining the specific etiquette that should be followed in the courtroom a more integral understanding of how structure and tradition impact individual behavior in this environment will be effectively demonstrated.
Reviewing what has been written about etiquette in the courtroom it becomes evident that while many of the traditions that have been established in this forum may appear to be quite rigid, researchers have noted that each of the methods used in this context have been developed for the purpose of establishing consideration and respect for all of the parties involved in the justice system (Thornton, 2006). In short, if court proceedings are taking place, the situation is viewed as one that is a highly serious nature. For this reason, the methods and protocols that are used in the courtroom have the specific purpose of maintaining the seriousness and importance of the proceedings taking place.
In addition to the fact that the proceedings are extremely formal, researchers have also noted that there are specific rules when it comes to addressing the “court.” Specifically, both attorneys and jurors must realize that the judge is the representative of the court. However, the judge represents the collective force of the justice system. As such, when one addresses the court, the judge is the central person of focus. “You are not dealing with the individual members of the court. A court is defined as the person and the suit of the sovereign. During court proceedings you are doing business with the court as a complete entity. Therefore you address the court” (Thornton, 2006). It is for this reason that individuals addressing the court must be invited by the judge to speak openly. Further, this is why when individuals respond to the court, they are expected to look directly at the judge, even if the message delivered is to be “acted upon by another member of the court” (Thornton, 2006).
When an individual must address the court, the proper method for garnering the attention of the court is to state, “Your Honor.” Because the judge is the representative of the court and the highest member of the court present in the room, this method of addressing the court is viewed as proper. In addition, this method of addressing the court is unique, making it possible for people to identify when an individual in the courtroom is beginning a pertinent conversation that will have some bearing on the proceedings taking place. The formalness of “Your Honor” also elucidates the respect that individuals should have for both the judge and the judicial system overall. “Your Honor” is only used to open communication. Once communication has been open, the individual speaking does not refer to the judge as an individual person. For instance, a lawyer would never state to a judge: “Your attention is required…” Rather, it is proper to state that “The court’s attention is required…” This method of addressing the court is always used as a means for individuals to communicate with the judge. Attorneys, clients and witnesses must all remember that the judge is merely a representative of the court and has no formal stake in the outcome of the proceedings. This definition and understanding is pertinent to the manner in which each individual addresses the judge in the courtroom (Thornton, 2006).
While properly addressing the court and the judge are issues of paramount concern, researchers also note that the decorum that is maintained in the courtroom is an issue of paramount concern as well. When an individual is speaking in the courtroom, he or she is to have the full attention of the court. For this reason, all parties involved in the courtroom proceedings are to pay attention and be mindful of their behaviors. “Nodding or shaking your head, talking to others, reading, or otherwise distracting yourself or others is a grave discourtesy” (Thornton, 2006). Note taking is permitted; however, this process should be undertaken in a manner that is not disruptive of the proceedings in the court. Attorneys should instruct clients and witnesses to remain quite and calm during the proceedings. Even in cases where the client or witness believes that another person is lying, the attorney should recommend no action or improper behavior during formal courtroom proceedings (Thornton, 2006).
Overall, individuals operating in the courtroom must realize that it is improper to offend the court. As such, any action which is disrespectful or inconsiderate will be frowned upon by the court’s representative, the judge. When problems arise in the courtroom, the most notable method for response is for the attorney to either object or to register a verbal or written motion (Thornton, 2006). In this context, it is evident that arguing between individual parties is viewed as disrespectful to the court. As such, the court has developed specifically defined protocols to provide lawyers to deal with the conflicts that can arise in this context. Lawyers, clients and witnesses are encouraged to follow these guidelines as they help expedite the proceedings and serve as a basis for maintaining decorum in the courtroom.
The specific attire that is worn in the courtroom is also a critical issue for courtroom etiquette. While there are no formal dress codes for jurors and individuals observing court, it is expected that good judgment will be used when attire is selected. For instance, jurors should not wear shorts and should always wear shoes. While the specific attire of the juror and courtroom observer is somewhat flexible, researchers have noted the lawyers, clients and witnesses should be more conscientious. In particular, these individuals should wear the same attire as the judge, expect for the robe. Wear a business suit, polished shoes, conservative haircut. Your appearance broadcasts your attitude” (Thornton, 2006). Appearance is a critical issue which demonstrates the respect of the individual for the court. Thus, the specific clothing selected in this case will have a clear bearing on how the court will treat an individual.
Finally, researchers examining courtroom etiquette note that when individuals speak in court, they should be mindful of the specific language that they use. While there are proper methods for addressing the court and the judge-as noted above-there are also expectations when it comes to the general communication that takes place in the courtroom. In particular, individuals speaking in a court of law should not use slang. This issue is of paramount concern because the use of slang clearly demonstrates disrespect for the court. Although “King’s English” is the most appropriate means for communication in the courtroom, for laymen unfamiliar with this type of English, the goal is to ensure that formal English, rather than slang, is used in the courtroom (Thornton, 2006).
In the end, it is evident that all of the specific traditions and protocols used in the courtroom have been kept in place as a means for individuals in the judicial system to maintain a high level of respect for both the court system and the individual parties that are having their cases heard in the court. Court proceedings are extremely formal because they represent the opportunity for justice to be carried out in an equitable manner. To ensure that this occurs and further to ensure that each party in the courtroom is given the respect and consideration that he or she deserves, the court has sought to maintain a high level of decorum that should not be breached regardless of the circumstances. Overall, lawyers, clients, witnesses and jurors need to keep in mind the importance and seriousness of the court’s proceedings. When this is done, it becomes more evident as to why individuals in the courtroom must follow such specific rules of etiquette.
Reference
Thornton, W.R. (2006). Courtroom Etiquette. Chrononhotonthologos. http://www.chrononhotonthologos.com/lawnotes/courtetq.htm.
