To Wig or Not to Wig: The Debate Over Tradition in Bahamian Courts By: Danelle Hove

            If someone asked you to imagine a traditional court of law filled with judges, what is the first thing that comes to your mind? Is it the robes, the white powdered wigs, or a combination? Well, what if I told you there’s a country that still upholds these old traditions to welcome the new legal year?[1] I am sure most of us imagine courts closely related to Great Britain or the colonial era, but shockingly there is another country that has continued to maintain some of these older traditions—the Bahamas![2] Would you ever want to wear a judicial wig in court, or does it seem too outdated?

            At the beginning of each year, in January, the Bahamas formally begins its judicial calendar with an elaborate ceremony—which involves a church service, a grand procession, and a speech by the Chief Justice.[3] The ceremony’s traditions are rooted in British customs that symbolize solemnity of the law and the judiciary’s independent role in governance.[4] This welcoming ceremony is not the only tradition that remains, but in Bahamian courts, judges and attorneys are required to wear traditional British-style wigs and robes while in court.[5] In the Bahamian courtroom, judges must wear full-length black robes with a red sash and a long, curled wig.[6] On the other hand, attorneys often wear shorter wigs and black gowns.[7]

            Typically, wearing a barristers’ wig symbolizes the prestige tradition of the legal profession, but it also symbolizes wealth and status.[8] The tradition of courtroom wigs dates back to the late 17th century when King Charles II made wigs a fashion staple among British elite.[9] Over time, this tradition was adopted by the legal profession to signify wisdom, impartiality, and decorum.[10] When the powdered wig first became popular, it was initially made with horsehair, but now you can purchase some made from human hair—which is thought to be more comfortable and durable.[11]Additionally, wearing the wig creates a sense of anonymity in court.[12] By concealing personal information, the wigs allows attorneys and judges to focus solely on the legal matter.[13]

Surprisingly, judges and attorneys are responsible for acquiring their own legal attire, including their wigs.[14]Specialized suppliers, such as Tailor De Jure, typically offer a range of Caribbean legal wear, including robes, wigs, and bibs.[15] The wigs can range from £450  to £1800, which is approximately $570 to $2300 USD—that is an investment![16] This financial commitment clearly highlights the importance on maintaining courtroom decorum in the Bahamian courts. Nonetheless, with wigs costing upwards of $2,000, some critics argue that the financial burden disproportionately affects young attorneys just entering the profession.[17] Some legal institutions offer financial assistance in obtaining your legal attire, but the cost remains a debated issue in the Bahamian legal profession.[18] In 2018, the Bahamian Court of Appeals discontinued the requirement for wearing wigs in regular court appearances, but wearing a robe is still required.[19] Additionally, “the practice of donning both wig and gown [remains a requirement] for Special Sittings” in court.[20]

            You may be wondering, why do these old traditions ring true today in this tropical country? Some countries, like Canada and parts of the Caribbean have abolished wigs in court, believing that they are an outdated relic of colonialism.[21] Although some Caribbean nations debated about abolishing the powdered wigs and robes, many in the Bahamas argue that it is a way to reinforce judicial authority, and connect the legal system to its deep-rooted common law traditions.[22] The island was first established as a British colony in 1670, with its laws primarily based on English common law.[23] Bahamian law is heavily influenced by this history, and during the colonial period, statutes regarding both old and new customs were enacted.[24] Most significantly, the legislature enacted the Supreme Court Act of 1828, which helped guide future legislative developments and reliable legal structures that focus on justice.[25] While some countries have moved away from the traditional legal attire, the Bahamian courts upholding these traditions reflect its commitment to its legal heritage and the formalities of court proceedings.[26]

While the Bahamas preserves its historical legal traditions, it also embraces innovation.[27] The Bahamian justice system displays a unique integrated approach, by tying in older traditions with new ones—including the government actively promoting financial technology (Fintech)[28] and Artificial Intelligence (AI) to be used in legal work and studies.[29] Philip Davis, a Bahamian politician serving as the prime minister of the Bahamas since 2021, stated that “[technological] innovation is not optional: It must come as naturally to us as breathing.”[30] The integration of technology is aimed at streamlining legal research, improving case management, and enhancing justice.[31] As AI and technology shape the next generation of legal practice, one question remains—will the powdered wig stand the test of time?

[1] See 2025 Legal Year Opening, Bahamas National, https://bahamasnational.com/2025-legal-year-opening/ (Jan. 10, 2025) [hereinafter 2025 Legal Year Opening].

[2] A Comprehensive Overview of the Legal System in the Bahamas, Generis Global Legal Services, https://generisonline.com/a-comprehensive-overview-of-the-legal-system-in-the-bahamas/ (last visited Feb. 13, 2025) [hereinafter The Bahamas Legal System].

[3] See 2025 Legal Year Opening, supra note 1.

[4] Id.

[5] Barristers’ Attire: The Tradition of Wearing Wigs Examined, King Lawyer, https://reyabogado.com/us/do-barristers-still-wear-wigs/ (last visited Feb. 14 2025); See also Agency Notice, Office of the Attorney-General, The Government of the Bahamas, https://bahamas.gov.bs/wps/portal/public/agency%20notice/dress%20in%20supreme%20court/ (Mar. 16, 2012).

[6] Id.

[7] Id.

[8] Id.

[9] History of Court Dress, Courts and Tribunals Judiciary, https://www.judiciary.uk/about-the-judiciary/history-of-the-judiciary-in-england-and-wales/history/ (last visited Feb. 16, 2025).

[10] Id.

[11] See Barristers’ Attire: The Tradition of Wearing Wigs Examined, supra note 5.

[12] Id.

[13] Id.

[14] Shop Barristers Collection, Caribbean Legal Collection, Tailor de Jure, https://evess.co/collections/barrister-attire (last visited Feb. 14, 2025).

[15] Id.

[16] Id.

[17] See Is Now the Time to Remove Wig Wearing as Part of Court Dress in Africa’s Commonwealth of Nations and Those in the Caribbean?, Dilemma X, https://dilemma-x.net/2012/05/09/is-now-the-time-to-remove-wig-wearing-in-africas-commonwealth-and-caribbean/ (May 9, 2012) [hereinafter Wig Dilemma].

[18] See The Government of the Bahamas, Financial Assistance, Ministry of Social Services & Urban Development, https://promis.gov.bs/service/financial-assistance/ (last visited Feb. 16, 2025).

[19] Discontinuance of Wearing Wigs for Court Appearances, Court of Appeal of the Commonwealth of the Bahamas, https://www.courtofappeal.org.bs/news.php?action=view&article=163 (Jan. 15, 2018).

[20] Id.

[21] Wig Dilemma, supra note 17.

[22] The Bahamas Legal System, supra note 2.

[23] Id.

[24] Id.

[25] Id.

[26] See generally Barristers’ Attire: The Tradition of Wearing Wigs Examined, King Lawyer, https://reyabogado.com/us/do-barristers-still-wear-wigs/ (last visited Feb. 14 2025).

[27] See Fay Simmons, PM Urges Legal Capacity for AI and Fintech, The Tribune, https://www.tribune242.com/news/2025/jan/28/pm-urges-legal-capacity-boost-for-ai-and-fintech/ (Jan. 28, 2025).

[28] Fintech is software that is used to help people or businesses digitally access and manage their finances through technology. See Justin Trificana, What is Fintech? 6 Main Types of Fintech and How they Work, Plaid, https://plaid.com/resources/fintech/what-is-fintech/ (last visited Feb. 14, 2025).

[29] Id.

[30] Id.

[31] Id.