What if he had a crucifix around his neck that was clearly visible? Would the judge have asked him to remove it as well? Would the ashes on his forehead have been an issue thirty years ago?
Yes. I went to law school almost 30 years ago, and there was certainly precedent for such decision even back then. Again, see the LoRacca cases from New York during the mid-70s. LaRacca (sp?) was a priest who was a practicing defense attorney who filed a number of civil suits and appeals because the trial judge forced him to remove his Roman Collar. None of those appeals prevailed.