Lawyers who ‘judge shopped’ in Alabama case ordered to hand over comments

Attorneys representing plaintiffs challenging Alabama’s ban on gender-affirming care for minors were given a Saturday deadline to turn over any public comments they made after a three-judge panel determined they “judge shopped.”

Liles Burke, a U.S. District Court judge in Montgomery — a Donald Trump-appointed judge whom the attorneys were found to have attempted to avoid hearing the case — on Thursday gave the attorneys a 5 p.m. Saturday deadline to submit “copies of any public statements they or their organizations have made about these attorney-disciplinary proceedings,” according to court records.

Those statements include “press releases, website content, social media posts, interviews, public speeches, newsletters, and public emails” about the three-judge panel’s ruling following the 1 1/2-year judge shopping investigation.

In the panel’s report, Senior U.S. District Court Judge W. Keith Watkins, U.S. District Court Judge R. David Proctor and Chief U.S. District Court Judge for the Southern District of Alabama Jeffrey Beaverstock, said the investigation showed “counsel intentionally attempted to direct their cases to a judge they considered favorable and, in particular, to avoid Judge Burke.”

Efforts to reach Barry Ragsdale, an attorney for some of the lawyers subject to Burke’s order, were not immediately successful, but Ragsdale told the Alabama Reflector he intends to file an objection to the order.

He is also planning on disputing another Burke order finding that some expert witnesses used by the attorneys could not testify in the case.

Several of the 11 attorneys from three separate cases fighting the Vulnerable Child Compassion and Protection Act — two of which have been withdrawn — dispute the panel’s report, which was issued under seal Oct. 23 and unsealed in March.

Potential disciplinary actions against the attorneys, Burke said in a previous order, range from private reprimand to suspensions from practicing in the Northern and Middle Districts of Alabama to fines.