Jefferson City lawyer Gaylin Rich Carver wanted Cole County Circuit Judge Dan Green on Monday to dismiss the Legislature's restraining order request against former lobbyist David Poger, St. Louis.
After a brief hearing, what she got was a continuance to March 28.
The court issued a restraining order Feb. 25, barring Poger from being within 1,000 feet of the Missouri Capitol, after he was accused of sexually harassing interns and employees.
The Legislature also launched its own sexual harassment investigation of Poger.
No updated information about that probe was available Monday.
"Speaker (Todd Richardson, R-Poplar Bluff) has made clear that we will have no tolerance for behaviors that place interns or others in the Capitol at risk for sexual harassment," House Chief Clerk Adam Crumbliss said in an email, "and we will act to protect those that report such actions to us.
"We appreciate the Court's diligence and acknowledgement toward furthering these efforts by granting a continuance."
And Senate Administrator Marga Hoelscher added, Senate President Pro Tem Ron Richard, R-Jopin, "remains committed to ensuring a workplace free of harassment and will continue to take steps necessary to have a positive environment for those who work in the Capitol as well as those who visit."
Carver submitted an electronic motion to dismiss the case on Sunday, arguing the Feb. 25 order was "null and void."
She wrote that Supreme Court rules require a temporary restraining order granted without notice,""... shall set forth specific facts that support the showing that notice cannot be given or notice would defeat the purpose of the order.'"
But the Feb. 25 order didn't include that information, she said.
Since the order was issued, Carver wrote, Poger has not been served with the order, the petition or an amended petition.
The Supreme Court rule also says a such temporary restraining orders expire in a time not to exceed 10 days.
Although the rule allows the court to extend the order for additional 10-day periods, that hasn't been done, Carver said - so the original order is expired.
On Monday, she told the News Tribune the two-week continuance will allow the Legislature's attorney to amend his complaint against Poger.
Court records provided by the House last month show interns reported Feb. 23 that Poger previously had commented on the appearance of an intern and was seen walking in a "predatory" manner around interns.
Another intern reported he pushed on the "intern pin" attached to her lapel and asked, "Is this harassment?"
She replied: "Yes, kind of."
In another affidavit, an intern said Poger in January "started to make compliments towards me and started to make me feel uncomfortable." That intern accused Poger of trying to start conversations with her, sit next to her in the Capitol and ask her out to lunch - actions she rebuked.
Crumbliss told the Associated Press last month that, when an attorney called Poger to request he not come to the Capitol, Poger was "belligerent" and indicated he had no intention of staying away.
In her motion to dismiss, Carver said the Legislature's attorney told Poger that he would be filing a restraining order, but did not give Poger notice of a date or time of the hearing.
Crumbliss said the House and Senate requested the restraining order to protect employees, guests and others in the Capitol while the House investigation is ongoing.