A Red Mass is a Catholic Mass annually offered towards all members of the legal profession, regardless of religious affiliation marking the opening of the judicial year. The religious service requests guidance from the Holy Spirit for all who seek justice, and offers the legal community an opportunity to reflect on the power and responsibility of all in the legal profession.

Originating in Europe during the High Middle Ages, the Red Mass derives from the red vestments traditionally worn in symbolism of the tongues of fire (the Holy Spirit).  Its name also exemplifies the scarlet robes worn by royal judges that attended the Mass centuries ago. Should judges wear their robes (regardless of the color of the robe to the Red Mass?

There is controversy about the Red Mass in Arizona. https://azcapitoltimes.com/news/2024/10/03/court-buries-finding-justices-erred-in-wearing-robes-at-religious-function/. The  Arizona Judicial Ethics Advisory Committee received a request to weigh in on the ethical implications of judges wearing official robes at the Red Mass.  

The committee returned a formal opinion against donning a robe at the Red Mass, or any religious service, given a potential appearance of undue influence, and reaffirmed the same upon a request for reconsideration from the state high court. Then, a majority of the justices voted to withdraw the opinion – effectively shielding it from public view and preventing it from manifesting in the state’s ethics canon. 

So what is the right approach a judge should take regarding wearing a judicial robe at a religious service? Share your thoughts.