A judge cannot sanction a lawyer by taking “judicial notice” of the fact that he made misrepresentations to the judge’s law clerk, but instead must allow the clerk to be cross-examined, a federal appeals court said Wednesday.

In Lasalle National Bank v. First Connecticut Holding Group, 00-2783, a panel of the Third U.S. Circuit Court of Appeals overturned sanctions imposed on two attorneys by U.S. District Judge Faith Hochberg and ordered that a new judge reconsider whether sanctions are in order.

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