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REGION: North America
TOPIC: Law
Online NewsHour
IN-DEPTH COVERAGE
Supreme Court Watch
BACKGROUND REPORT Posted: 2003     
Terms and Traditions
Several closely guarded traditions are key to the function and image of the Supreme Court, and they have endured over the past two centuries. Most critical of these is the ability of the court to keep a private and tightly run ship while protecting its authority over the laws that govern the American public.

In accordance with legal statute, the Supreme Court term begins every year on the first Monday in October. The term generally lasts until late June. Terms used to officially "end" once the court had resolved all its current business, but due to the unpredictable need for the court to be called into action under special circumstances, terms were extended technically through the summer until the Justicesbeginning of the next term.

The high court's sessions are generally divided between "sittings," during which justices hear arguments and issue decisions, and "recesses," during which they attend to other court business while discussing and constructing opinions or dissents.

Since around 1800, the nine justices have worn traditional black judge's robes while hearing arguments or when appearing in an official capacity representing the court. In chambers, they sit around a crescent shaped judges bench in order of seniority -- chief justice in the center and the eight associate justices staggered on his right and left based on their tenure on the court. Seniority is an important tradition in the court and provides order for much of the court's procedure and the justice's work, including what order they vote and speak during case conferences.

Justices also participate in the traditional "conference handshake" when they assemble to enter an argument session. All justices shake hands as they gather to enter the court, a tradition established by Chief Justice Melville Fuller in the late 1800s to symbolize the cohesiveness of all the judges in the court's purpose, despite differences they may have in ideology. Justices partake in a similar conference handshake when meeting to review petitions before the court or voting to decide cases.

In earlier times, lawyers would wear formal "morning clothes" when addressing the high court, one tradition that has ebbed in modern times. According to the Supreme Court Historical Society, only lawyers from the Department of Justice or other lawyers representing the government still follow the formal dress tradition.

White quill pens are also a signature element of the Supreme Court. They are placed on counsel tables and are a popular souvenir for attorneys that have the opportunity to address the court.

Scheduled argument sessions begin promptly at 10 a.m. on Mondays, Tuesdays and Wednesdays with the court marshall calling, "The honorable, the chief justice and the associate justices of the Supreme Court of the United States."

As the justices enter the court, the Marshall gives the traditional call for silence, or "Oyez! Oyez! Oyez! All persons having business before the honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the court is now sitting. God save the United States and this honorable court."

Generally, two cases are heard per argument day. Since 1955 oral argument sessions have been taped to provide an audio record, but video cameras or any kind of photography is forbidden inside the courtroom.

Above all, the court's secrecy could be considered its best-kept tradition. Of the numerous Washington government agencies, it remains virtually leak proof, with a loyal staff and tight security. Indeed the most insight into the court's procedures come from the writings and remarks of the justices, such as the papers of the late Justice Thurgood Marshall, which are considered a wealth of information on the inner workings of the court.


-- Compiled by Maureen Hoch for the Online NewsHour

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