5th Circle Lifts ban on AUSA subject to judge’s sexist search

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By Dave Simpson (July 27, 2022, 10:55 p.m. EDT) – A Texas federal judge whom the Fifth Circuit criticized for making a sexist remark to an assistant U.S. attorney cannot ban that prosecutor from his courtroom, a panel of three judges ruled.

In a unanimous decision on Tuesday in a criminal insurance fraud case, the panel said U.S. District Judge Lynn N. Hughes did not specifically find that Assistant U.S. Attorney, who is not identified by name in the decision, had acted in bad faith. He abused his discretion by barring her from any future proceedings in his courtroom, the panel said in quashing his exclusion order….

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