I have written about Judge Lynn Hughes of the Southern District of Texas here and here. He has earned a reputation as a Judge who consistently makes anti-plaintiff comments in court, who makes disparaging comments about minorities – and even once barred a female attorney from his court room apparently simply passed on her name. His frequent refusal to allow discovery, or to severely restrict discovery is just baffling.

I was at the Fifth Circuit once for oral arguments. The case ahead of mine concerned an appeal from an order by Judge Hughes allowing no discovery. The odd thing to me as I waited and listened was that the three-judge panel expressed no surprise at such a strange order. The Fifth Circuit judges were not at all surprised by Judge Hughes’ inexplicable order.

Investigation

He has been under investigation by the Fifth Circuit Court of Appeals for some time. But, in a recent order, the Fifth Circuit announced that it would take no action on that pending complaint. Since, Judge Hughes has taken senior inactive status and relinquished his cases. Senior inactive status means he will hear no more cases.

Apparently Judge Hughes made yet another disparaging comment about female attorneys. Remarking on the appearance of a female attorney, he said in court, “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.” Later, Judge Hughes said the remark was about FBI agents and how they used to dress, not female attorneys. In a footnote, the Fifth Circuit described the remark as “demeaning. inappropriate and beneath the dignity of a federal judge.”

Indeed. We would also add, bizarre. See ABA Bar Journal report here for more information.