Judge Sets Trial Date in Payne’s Suit Against 34th Legislature

Superior Court Senior Sitting Judge Renee Gumbs Carty has set a March 14 bench trial date for former Sen. Steven Payne Sr.’s lawsuit against the 34th Legislature, which voted to expel him over sexual harassment allegations in July 2022.

In her order Friday setting the trial date, Gumbs Carty denied two pending motions to dismiss the suit that were filed in August and October 2022, and said that she would issue a memorandum opinion and order shortly.

A bench trial is conducted by the judge and does not involve a jury.

At issue is whether the 34th Legislature and then Senate President Donna Frett-Gregory violated the body’s own rules when they voted 14-1 to expel Payne on July 20, 2022. Payne was the lone nay vote and has denied any wrongdoing. The Democratic Party subsequently selected Angel Bolques Jr. to finish Payne’s term, and he won election that fall to the St. John senator-at-large seat.

Payne’s lawsuit, filed on July 28, 2022, contends that lawmakers may discipline, but not expel, a member. In doing so, they disenfranchised the voters who elected him to serve in the 34th Legislature, his attorney Treston Moore has said.

Payne is joined in the complaint by resident Noellise Powell, who alleges that she was unduly deprived of the services provided by the candidate she voted for.