Thomas Wright's lawyers have filed papers in Wake County Superior Court to get his seat back.
Irving Joyner argued that the state House of Representatives' vote to expel Wright was punishment without a trial.
He also argued that current House members didn't have standing to expel Wright because the allegations, if true, occurred in a previous legislative session.
Joyner asked Judge Paul Ridgeway to schedule a hearing immediately.
Three weeks ago, Ridgeway declined to block the House ethics committee from hearing the Wright case, saying it was not his job to interfere with the legislature. (AP)
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