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Legal services reports on three active cases; year‑to‑date outside counsel costs $39,105
Summary
The Office of Legislative Legal Services updated the committee on three legal matters — a federal immigration enforcement case, an appeals‑level legislative immunity case, and a CORA dispute — and reported $39,105 in outside counsel payments year‑to‑date and roughly $60,000 remaining in the defense budget.
The Office of Legislative Legal Services briefed the Committee on three active matters and disclosed year‑to‑date outside counsel payments totaling $39,105.
Michael Doar told the committee there has been no change in the IEC complaints. He said the 10th U.S. Circuit Court of Appeals affirmed the district court’s dismissal of the Gays v. Groomers v. Garcia case on legislative immunity grounds, and that the plaintiffs have filed a petition for rehearing en banc. “These sorts of petitions are rarely granted,” Doar said, estimating the rate in the 1 to 2 percent range; defendants have filed a response and the committee is awaiting a decision on the petition.
Doar also summarized the federal government’s case against Colorado and Denver related to enforcement of federal immigration law, noting that district court judges granted motions to dismiss the case on similar grounds (Doar cited arguments that the federal government cannot commandeer state resources to enforce federal regulatory programs and referenced the Tenth Amendment). He said the state expects an appeal to the 10th Circuit.
The committee learned of a newly filed matter, Blanton v. Senator Dougherty and Representative Camacho, arising from a CORA request. The committee has retained Jerome de Herrera of Achieve Law to represent members on that matter; an answer is due roughly 20–21 days from the last briefing and a show‑cause hearing is likely to follow.
Doar provided a breakout of outside counsel payments this year: $6,525 for Gays v. Groomers v. Garcia, $10,425 for U.S. v. Polis, and $22,155 for an ethics complaint — $39,105 in total. When Representative Soper asked how much remains in the budget for defending lawsuits, Doar said there is just over $60,000 left for the fiscal year.
