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Her biographer records a case in which Root made a point about
inappropriate attire with an alleged rape victim – a woman who
indeed used somewhat poor judgment in how she presented herself when
testifying.
ROOT (sweetly): I’m a woman and you’re a woman and the judge
will always be [like a] father [to you], so let’s be very honest. You
mean to say that at no time did you ever indicate to this man that you
were willing?
WITNESS: No.
ROOT: Do you dress to appeal to men?
WITNESS: No.
ROOT: Never with that in mind?
WITNESS: No.
ROOT: I notice your dress is up rather high and that you’re
wearing stockings. Are you wearing stockings to hide varicose
veins?
WITNESS: No, I don’t have varicose veins.
ROOT: Is it because they make your legs look pretty?
WITNESS: Yes.
ROOT: If they make your legs look pretty, then you must look pretty
to that man there [indicating the defendant]. Isn’t that
correct?
WITNESS: Yes.
ROOT: You just told me that you don’t dress to appeal to men.
WITNESS: (silence)
ROOT: You’re wearing a tight skirt, an off-shoulder dress, a type
of brassiere pushing your breasts up. Isn’t that dressing for a man?
WITNESS: (silence)
An off-the-shoulder dress does seem rather out of place in a
courtroom. However, if this attire was inappropriate for a day in
court, it hardly seems more so than that of Root, who often wore such
garments and whose sexy dressing once led a male judge to call for a
recess.
Root had arrived in court wearing deep V-neckline that
showed off her ample cleavage. The judge wrote a note and handed
it to the bailiff who read aloud, “We will recess for a short period
of time to allow any person present whose body is overly exposed to
make certain alterations that will eliminate a nudity which now
prevails.”
No one, least of all Root herself, was in any doubt as to who was
the target of this message. The lawyer scurried to a
bathroom, tore off many strips of toilet tissue, and cut them up to
look (to some extent at least) like frilly lace. She then
covered up her cleavage with the tissue.
Her hats got her in hot water with other judges. In one case,
His Honor ordered her, “Mrs. Root, take that hat off.” She
complied and he saw, along with everyone else in the courtroom, that
her hair was up in pin curls. “Mrs. Root, put that hat back
on,” he immediately commanded.
Justice Stanley Mosk recalled that, “she ran into difficulty with
one of my colleagues. The late Judge Charles Burnell had an
unyielding policy, that since men must do so, women must also remove
their hats in his courtroom. I suspect Gladys Root did not fully
appreciate that form of sex equality.”
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