The full U.S. Court of Appeals for the Fifth Circuit on Wednesday considered whether to alter its precedent that last year sank a lawsuit against a Texas county over its employment of a prosecutor who also worked as a judicial law clerk.

In the lawsuit, Erma Wilson alleges Midland County violated her due process rights by employing Ralph Petty as a prosecutor at the same time that, unknown to Wilson, he worked as a law clerk for the county judge who handled Wilson’s drug-possession case.