Simons’ lawyer says case could go to North Dakota Supreme Court

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After Luke Simons became the first lawmaker expelled from the North Dakota House of Representatives, the now-former lawmaker’s lawyer says he’s considering taking legal action.

Simons was ousted by a two-thirds vote of the assembly Thursday following allegations of inappropriate behavior toward female colleagues. His lawyer, Lynn Boughey, says depending on what Simons decides, he could take the case to the state Supreme Court.

It’s unclear whom exactly the suit would be against — the House, or individuals in the House. It’s also unclear what exactly Simons wants to do at this point.

“I think any conversations I’ve had with him, I’m going to keep between me and my client. Once he makes a final decision, I’ll be in a position to indicate to the press one of two things, that we’ve decided not to go further, or I will be handing you a copy of whatever I just filed,” Boughey said.

Boughey says if he does pursue litigation it’ll likely be over a misinterpretation of the Constitution and due process violations. He says Simons will hold a news conference next Tuesday to address the allegations one by one and tell his side.

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