On Wednesday, July 10, 2024, Reuters reported that a federal judge in Texas would face no discipline over allegedly improper and disparaging remarks made about female attorneys.
According to the report, Chief U.S. Circuit Judge Priscilla Richman of the 5th U.S. Circuit Court of Appeals concluded that while Senior U.S. District Judge Lynn Hughes had engaged in conduct that was inappropriate, no further action was necessary. Richman’s order, which did not name Hughes but detailed events matching prior 5th Circuit rulings, stemmed from a judicial misconduct complaint filed by the U.S. Department of Justice’s Office of Professional Responsibility in 2019.
The complaint concerned remarks Hughes had made in two criminal cases involving a female prosecutor. In 2017, after dismissing an indictment due to disclosure errors by the prosecution, Hughes reportedly told the prosecutor that things were “simpler” when women didn’t try cases and wore dark suits. A 5th Circuit panel later reversed the dismissal and called Hughes’ comments “demeaning and inappropriate.”
In another 2018 case with the same prosecutor, Hughes excused her from his courtroom and told the U.S. Attorney she was banned permanently. The 5th Circuit vacated this exclusion order as well, with one judge indicating Hughes appeared to have banned her in retaliation for the first appeal.
In her order, Richman concluded no further action was needed given that Hughes had taken senior status in February 2023 and no longer handled cases. Judges take senior status as a form of semi-retirement, where they still perform judicial duties but have reduced responsibilities.
The report noted the rarity of misconduct complaints against judges from the DOJ, with only six documented between 2019-2023. It also recounted how the 5th Circuit had unusually reversed Hughes’ rulings five times previously and reassigned the cases to other judges.
Source: Reuters
