He permanently banned a female prosecutor from his courtroom
A federal judge in Texas will not face disciplinary action for making disparaging remarks about female attorneys and permanently barring a female prosecutor from his courtroom.
This decision was confirmed by Chief US Circuit Judge Priscilla Richman of the 5th US Circuit Court of Appeals in an order.
Judge Lynn Hughes, who has served as a Senior US District Judge in Houston, assumed senior status in February 2023. This semi-retirement for judges involves relinquishing their cases and ceasing new assignments. Chief Judge Richman cited Hughes' change in status as the reason for not pursuing further action regarding the judicial misconduct complaint filed against him.
Reuters reported that Richman's order, while not directly naming Hughes, detailed incidents consistent with previous 5th Circuit decisions related to his comments to a female prosecutor in two separate cases. The complaint, described only as being filed by a "governmental entity," outlined Hughes' controversial behaviour. The US Department of Justice's Office of Professional Responsibility had reported Hughes' conduct to Richman's predecessor in 2019, a referral noted for its rarity, with only six such referrals documented between 2019 and 2023.
Appointed to the federal bench in 1985 by President Ronald Reagan, Hughes' tenure has included multiple reversals of his rulings by the 5th Circuit. In at least five instances, the appellate court reassigned cases from Hughes to other judges, reflecting concerns over his judicial conduct.
One notable incident occurred in 2017 when Hughes dismissed an indictment against the owner of an adoption agency for fraud, citing prosecution errors in handling evidence. During this case, Hughes made remarks to the female prosecutor, stating, "It was a lot simpler when you guys wore dark suits, white shirts, and navy ties... We didn't let girls do it in the old days." The 5th Circuit later reversed the dismissal and criticized Hughes' comments as "demeaning, inappropriate, and beneath the dignity of a federal judge."
In a subsequent criminal case involving the same female prosecutor, Hughes excluded her from his courtroom, stating she was not welcome again. The 5th Circuit vacated this exclusion order in 2022. In a concurring opinion, US Circuit Judge James Ho suggested that Hughes' ban appeared to be punitive in response to the prosecutor's appeal in the adoption case.
Despite these findings, Chief Judge Richman concluded that Hughes' senior status rendered further disciplinary action unnecessary.
