In a case targeting prosecutorial misconduct, a U.S. Court of Appeals for the Fifth Circuit panel was urged on Wednesday to overturn the court’s precedent which bars certain civil rights lawsuits stemming from prosecutions.

The suit, brought by Erma Wilson, alleges that Midland County, Texas, violated her due process rights by employing Ralph Petty as a prosecutor at the same time he worked as a law clerk for the county judge who oversaw Wilson’s drug-possession case.