The question is an interesting one, but probably not one of ethics. There is nothing in the Code of Judicial Conduct that states one way or another whether a judge should wear their judicial robe. Historically, judges wore robes, particularly in England. As every lawyer knows, a judge used to wear a wig and the judicial robe. They don’t wear wigs anymore in England, but the robe still exists.

Early in U.S. legal history, the judicial robe was used because the courts were following the English tradition and common law approach.

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