Home Criminal Defense Fifth Circuit Benchslaps Federal Judge Who’s A Repeat Offender

Fifth Circuit Benchslaps Federal Judge Who’s A Repeat Offender


Above the Law has been writing about Judge Lynn Hughes since 2012. That ought to provide you with a way of the type of wild card (learn: shockingly inappropriate) character we’re coping with right here. In the newest incident, the Fifth Circuit has not solely reached out and benchslapped Hughes, reversing his resolution, but additionally taken the additional step of eradicating the case from his courtroom.

As reported by Law.com, the decision is available in Miller v. Sam Houston State University, through which plaintiff Audrey Miller is alleging discrimination claims in opposition to two totally different college methods, Sam Houston State University and the University of Houston Downtown. Miller had her claims dismissed by Judge Hughes, sua sponte, and advised plaintiff’s lawyer he would “get credit for two cases when I crush you.” The Fifth Circuit made the daring transfer of reversing, remanding, and eradicating the case on appeal.

As you may think, plaintiff’s legal professional was fairly happy with the tip outcome, notably that the case will transfer ahead in one other courtroom:

“I was really thrilled that they did that. It’s always a fear that you appeal, and end up in the same court,” stated Houston lawyer Terrence Robinson, whose shopper Audrey Miller will now have an opportunity to press her civil rights claims in opposition to Sam Houston State University, the University of Houston Downtown and the 2 college methods that run these faculties.


“The way that he handles the cases makes it sometimes impossible for a plaintiff to present their claims and get a fair hearing,” stated Robinson, managing member in TB Robinson Law Group. “Anyone who goes in there, on whatever side he doesn’t like, has the same experience.”

Though it is a nice outcome for Miller, that is removed from the one subject in Hughes’s courtroom. Austin legal professional Jim Harrington referred to as Hughes “the most intemperate judge that I have ever been in front of. In open court, you just never knew what he was going to say, or who he was going to embarrass, whether you or the other side.” Harrington filed an ethics grievance in opposition to Hughes in 2013, however says nothing ever got here from it.

In the previous, Hughes has been admonished for his racial insensitivity, has referred to as the DOJ “sons of bitches” on the file, and has been called out — repeatedly — for sexist comments. Wonder when the Fifth Circuit will mete out a harsher consequence.

headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are one of the best, so please join along with her. Feel free to e-mail her with any ideas, questions, or feedback and keep track of her on Twitter (@Kathryn1).


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