RCA asks Stacey Eads

1 ^

Using “dead names” and preferred gender pronouns of defendants who are transgender.

Ms. Eads,

In your response to the question you answered about People V. Bemis you used the defendant’s “dead name” and also refer to her as “Mr. Bemis.”

Defendant Bemis is a transgender woman.  During an appeal of the case that I read online the courts opinion said that the Prosecution in the case argued that the Trial Court should not allow the use of feminine pronouns for the defendant.  The trial court allowed counsel to use feminine pronouns.  The appellate court opinion also uses female pronouns.

I understand that it may be appropriate to use the legal first name when stating a case.  But why did you use “Mr.” when the defendant identifies as a transgender female?

Why did you argue that the defendant not be referred to with female pronouns during the trial?

Transgender people are often involved in the criminal justice system.  Sometimes as defendants but they are also are four time more like that cis-gender individuals to be victims of violent crime.  Should transgender victims be concerned about being consciously mis-gendered by you as District Attorney?  Should transgender defendants be concerned about being consciously mis-gendered by you as District Attorney based on your past.




  

— RCA