Backlash Over Attorney’s Indictment
There’s been quite a stir among advocacy groups regarding Carl Charles, an attorney with Lambda Legal. This organization focuses on LGBTQ+ rights. Federal prosecutors recently filed felony charges against him, which were officially sealed on Monday.
Charles is accused of investigating various claims regarding “judge shopping” by LGBTQ+ legal entities and lawyers prior to a Judges Committee meeting in May 2022. This investigation included looking into legal challenges linked to medical treatment for minors with gender dysphoria in Alabama, specifically relating to cases like Walker v. Marshall and Ladinsky v. Ivey.
In 2022, Alabama enacted legislation prohibiting adolescent blockers along with certain hormones and surgical interventions for transgender youth. This law carries felony charges for those who violate it.
The “judge shopping” allegations were initially highlighted by US District Judge Liles Burke, who was appointed by Donald Trump. Charles has been accused of false testimony before this same panel. Allegations suggest he contacted District Judge Myron Thompson to discuss submissions related to Walker and requests for temporary restraining orders. Charles, however, denies making any such contact.
In Montgomery federal court on Monday, Charles pleaded not guilty to the charges against him.
Lambda Legal, alongside the Human Rights Campaign, is vehemently opposing the indictment, labeling it as politically motivated. They argue that this action is designed to intimidate LGBTQ+ activists and lawyers. Kelly Robinson, Chairman of the Human Rights Campaign, issued a statement claiming that the intent behind the indictment is to silence advocacy efforts in the state.
Robinson pointed out that these tactics echo historical discrimination, noting that civil rights lawyers are still battling for the rights of transgender individuals in Alabama. Lambda Legal added that the government’s actions against Charles are an overreach, asserting that it should not penalize lawyers for defending marginalized communities.
Charles has faced intense scrutiny over the legal proceedings against him, and Lambda asserts that the routine calls he made, which are under question, have been deemed legal by the court.
Alongside him, two Alabama lawyers have also been involved in the investigation prompted by Burke, which initiated after claims of judge shopping arose. The judges involved criticized the lawyers for allegedly trying to manipulate the system by dismissing cases that had been assigned to Burke.
Legal rules generally protect the right of plaintiffs to dismiss cases voluntarily. Initial case assignments appear to have been chaotic, with several judges involved. For example, Radinsky was reassigned multiple times before it finally landed with Judge Burke.
This complex situation continued as Walker began with another judge before being moved to Thompson, who had previously ruled favorably for a transgender plaintiff. In that case, Burke indicated that transferring to his court was for efficiency. Despite the shifting assignments, both cases have encountered significant legal hurdles, including one that sought a temporary injunction to block new laws against hormone therapy for minors.
Ultimately, the appeal court lifted that injunction in August 2023. Moving forward, Charles is set to appear in front of a US Magistrate Judge on November 17th. Notably, all federal judges in the Central District of Alabama have recused themselves from the case, which has been assigned to a judge in the Southern District of Florida.
