Posted by Eugene Volokh:
Michigan Supreme Court Adopts Rule Barring Veils on Testifying Witnesses:
http://volokh.com/archives/archive_2009_06_14-2009_06_20.shtml#1245258366
That's how I read [1]the proposed amendment to Michigan Rule of
Evidence 611 that was apparently adopted today:
The court shall exercise reasonable control over the appearance of
parties and witnesses so as to (1) ensure that the demeanor of such
persons may be observed and assessed by the fact-finder, and (2) to
ensure the accurate identification of such persons.
Note, though, that the [2]Detroit News reports that "The Michigan
Supreme Court today adopted a court rule that allows judges to
prohibit witnesses from wearing veils in court." Perhaps the adopted
rule was different from the proposed rule I quoted. But if it's the
same as the proposed rule, then it sounds like judges must prohibit
veils for testifying witnesses, since the rule says "[t]he court shall
exercise reasonable control ... so as to ... ensure that the demeanor
of such persons may be observed and assessed" (emphasis added).
I should note that there's a lot of controversy among experts about
whether observing a person's demeanor really does help laymen assess
the person's credibility. I have seen claims (I haven't researched
this closely myself) that in fact observation is completely useless
except to those who are trained in certain ways. But the importance of
demeanor evidence has long been assumed by our legal system, whether
rightly or wrongly, and this decision seems consistent with that
assumption, and even necessary if that assumption is accepted.
Thanks to Rob McEachern for the pointer.
References
1.
http://www.courts.michigan.gov/supremecourt/Resources/Administrative/2007-13-MRE%20611.pdf
2.
http://www.detnews.com/article/20090617/POLITICS02/906170399/State-Supreme-Court-issues-rule-for-veils-in-courtroom
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