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Committee briefed on ongoing appeal over name/pronoun guidance in hearings; outside counsel retained
Summary
The Committee on Legal Services received an update on ongoing federal litigation involving testimony rules about prior names and pronouns; the district court dismissed the case on legislative immunity, plaintiffs appealed to the U.S. 10th Circuit, and the committee’s outside counsel will file an answer brief due Feb. 10.
Jeremiah Berry, Deputy Director of the Office of Legislative Legal Services, told the Committee on Legal Services that one ongoing federal lawsuit arising from committee hearings is pending before the 10th U.S. Circuit Court of Appeals.
Berry summarized that two organizations and individuals sued chairs of the judiciary committee and bill sponsors after hearings about a bill concerning court consideration of name changes for people with felony convictions who had changed their gender identity. The plaintiffs alleged the committee chairs had directed witnesses not to use a person’s prior name or incorrect pronouns; those witnesses persisted and later filed suit claiming First Amendment violations. The district court granted the defendants’ motion to dismiss based on legislative immunity, and the plaintiffs have appealed.
Berry said outside counsel Ed Ramey and Martha Tierney represent the defendants; the plaintiffs’ opening brief was filed and the defendants’ answering brief is due Feb. 10. Berry said the office anticipates paying outside‑counsel invoices for work in January and February under the committee‑approved retention. He also described the committee’s rolling roster process for selecting outside counsel and confirmed the current outside‑counsel hourly rate is $250.
No executive session was invoked; Berry said future litigation updates may be provided in meeting or by email depending on developments.
