Victorian barristers debate wearing legal robes at religious ceremonies

The Victorian Bar has discussed whether judges, magistrates and lawyers should end the wearing of their robes at religious ceremonies to avoid potential conflicts of interest.

Jack Rush KC says he did not believe there was a push to end the attendance at the Red Mass. Picture: AAP

You can now listen to The Australian's articles. Give us your feedback.

You can now listen to The Australian's articles. Give us your feedback.

You can now listen to The Australian's articles.

The Victorian Bar has debated whether judges and lawyers should stop wearing their robes and medals at special religious services to avoid any conflict of interest perceptions.

The Bar last week discussed the question of whether it was ­appropriate for robes to be worn at Catholic, Anglican and Jewish ­services and at those services held by other faiths at the start of the legal year.

The issue was discussed at a special event to examine issues ­affecting Victorian barristers but the discussions have raised ­concerns among some lawyers of faith that there could be a broader agenda to undermine the place of religion among the ­community.

A discussion, entitled In Conversation – Robes and Religion, was held in Owen Dixon Chambers last week.

Some attendees later expressed concern that the issue of child sex abuse was being used as a vehicle to undermine the role of religion in the lives of barristers and judges.

There also has been private ­discussion – held outside the ­official forum – about the future of the Red Mass, a centuries-old Catholic tradition to mark the start of the legal year, which is attended by judges and barristers in their courtroom robes.

Rachel Doyle SC said she had been clear in her commentary that the discussion was about whether robes would be worn rather than any broader issue about the Catholic mass.

“No one ever suggested an end to the Red Mass,’’ Ms Doyle said.

She said she “couldn’t have been clearer” that the discussions were not limited to the Catholic service, which was held on ­January 29 this year at St Patrick’s Cathedral with Archbishop Peter Comensoli hosting morning tea after the mass in the presbytery grounds.

The Red Mass dates to the ­Middle Ages and the clergy wear red robes to symbolise the fire that fell on the apostles at Pentecost.

When advertising the mass, the Bar said: “Judges and counsel who wish to participate in the procession do so robed and medals are worn.’’

For the synagogue service on the same day at the East Melbourne Hebrew Congregation, the Bar noted: “Counsel may robe if they wish to do so (no wig).’’

For the Anglican ecumenical service at St Paul’s Cathedral: “Judges and counsel who wish to participate in the procession do so robed and medals are worn.’’

There also was a service at St Eustathios Greek Orthodox Church in South Melbourne.

It is understood that the ­question of a potential conflict of interest involving barristers and judiciary attending the religious functions morphed into a wider discussion after the event.

Religious organisations were widely criticised – especially the Catholic Church – during the sex abuse royal commission and St Patrick’s is also the cathedral where the late cardinal George Pell was accused of sexually abusing two choir boys.

The convictions recorded against Pell were overturned by the High Court.

Jack Rush KC said he did not believe there was a push to end the attendance at the Red Mass but that service had been raised during the discussion, which went for about 40 minutes and was one of ­several topics widely expected to be ­debated further by the Bar.

Both Mr Rush and Ms Doyle are highly respected barristers.

The Catholic Church said this year’s Red Mass had been attended by judge Michael Wheelahan of the Federal Court “and by many other judges, magistrates, deans and commissioners from various Victorian and national bodies’’.

It also said Victorian Minister for Children Lizzie Blandthorn, former state Liberal leader Michael O’Brien and Labor senator Raff Ciccone had attended the Red Mass.