Legal Question in Constitutional Law in New York
Removing Your Hat
I wanted to know what law, exactly, requires one to remove their hat in the courtroom (assuming it is NOT for a medical or religious reason). The two major cases I have seen that even vaguely referenced this was the Trial of William Penn, and Richards v. Thurston, which stated that ''the government had no more power to restrict assembly than it did to tell a man to wear a hat or when to get up in the morning.''
1 Answer from Attorneys
Re: Removing Your Hat
Similar to wearing a tie or a ban on tank tops and shorts, to remove your hat in Court is a sign of respect for a Judge and the rule of law. Of course, there are exceptions. I never saw a judge make an orthodox Jew remove a skullcap.
For there to be an effective judicial branch of government, people must believe in the power of the Judicial branch. Judges have no guns. Police and the armed forces are under the direction of the executive branch. In some countries when there is a violent takeover of a government, judges are immediately removed from the bench (sometimes shot).
So, to answer your question, there is no law. It is a rule based on the premise that we should show respect to an institution that we believe in.
Mike.
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