The "why can't anybody take a joke anymore" defense probably won't work for Florida attorney Daniel Uhlfelder. Like Metzger, Uhlfelder attracted national attention for wandering on beaches while wearing a scary costume—but his purpose was not to help lighten people up. In May 2020, Uhlfelder began his "Grim Reaper" tour, in which he visited beaches across Florida while dressed as the Grim Reaper, complete with flowing black robes, mask, and plastic scythe. His purpose for the unusual dress-up was to raise awareness about the threat of COVID-19 and to advocate for a statewide closure of all public beaches. It's a subject that has raised his profile and brought him thousands of social media followers while putting him squarely at odds with Florida Gov. Ron DeSantis (who closed all state beaches April 2, 2020, but reopened many of them on April 17). Uhlfelder felt that since he had already sued the governor, protested at the governor's mansion while wearing a hazmat suit, and started a petition drive, something more was needed to raise public awareness. Hence, the Grim Reaper cosplay idea.

But Uhlfelder has found himself in hot water. In February 2021, a three judge appellate panel ruled that Uhlfelder's appeal of a trial court's ruling that it lacked authority to order Gov. DeSantis to shut down beaches was made with "no good faith basis." The appellate panel accused the lawyer/Grim Reaper cosplayer of using "this court merely as a stage from which to act out their version of political theater." The panel also made the rare move of ordering the state's attorneys to ask a judge to consider penalties for "putatively unprofessional conduct" after Uhlfelder made comments to a newspaper after the lower court decision that allegedly impugned the judge's integrity. So now Uhlfelder—a guy who dresses up as the Grim Reaper—is facing disciplinary charges after being accused of engaging in "political theater." I think we saw this coming.

Let's hope Mr. Uhlfelder doesn't make the mistake of showing up for his disciplinary hearing dressed as the Grim Reaper, or in any costume for that matter. He certainly can't do worse than Kansas attorney Dennis Hawver. In 2013, Hawver faced disciplinary charges for what the Kansas Supreme Court described as "inexplicable incompetence." Among other things, Hawver had described his client during a 2005 murder trial as "a professional drug dealer" and "a shooter of people." He also left out evidence that might have exonerated his client, and during closing argument in the sentencing phase, told the jury they should "execute the killer." Not surprisingly, Hawver's client was convicted of murder and given the death penalty. Equally unsurprisingly, an appellate court overturned the conviction on the grounds of ineffective assistance of counsel.

At his disciplinary hearing, Hawver appeared dressed in costume as Thomas Jefferson, complete with white powdered wig, dark 18th century suit, and white stockings. Hawver claimed he dressed up as Jefferson—his personal hero—to see if the Kansas Supreme Court would protect his First Amendment right "to defend [his] client as [he] saw fit." Hawver, who apparently also cosplayed as Thomas Jefferson while attending various political events around Kansas, even proclaimed to the justices "I am incompetent" while banging the lectern with his hand.

Clearly, the Kansas Supreme Court agreed. In November 2014, it ruled unanimously to disbar Hawver, who said he really wouldn't miss his law license because he'd rather grow vegetables, anyway. Let's face it: lawyers and costumes usually aren't a good mix. And forget about "pulling a Hawver" and showing up to court in costume. Even when jurors requested permission to wear costumes on Halloween (a request the judge granted), an appellate court found that the introduction of costumes "cannot help but have detracted from the seriousness and gravity of formal court proceedings" (check out Zabin v. Piciotto, a Massachusetts 2008 appellate case). And in 2003, Louisiana prosecutors were admonished for wearing ghoulish neckties with images of Grim Reapers or dangling nooses.

Bottom line: lawyers and judges should exercise caution when it comes to costumes, even in one's personal life. Earlier this year, a white New York judge resigned and apologized after a photo circulated of him wearing a Halloween costume in 1988 of "a well-known public figure of color." What can he do now, except run for governor of Virginia?

John G. Browning is a former justice on the Fifth Court of Appeals in Dallas.