DENVER (CN) - A former public defender who claims he was fired for reporting he was saddled with too many cases asked a Denver judge on Friday to send his whistleblower complaint to a jury.
"It breaks my heart that the public defenders in this case are taking an adversarial position, because our interests are aligned," said civil rights attorney David Lane, who represents former Colorado public defender Travis Weiner.
As a public defender, Weiner found himself juggling a triple-digit caseload in 2024. The magnitude of the caseload, he feared, could force him to violate professional standards and offer subpar representations. Worse, he thought the entire office faced the same risk. When he reported his concerns to his supervisors, Weiner was told dropping cases wasn't an option.
Based on a 2023 report on the issue, Weiner calculated his workload was nearly triple what experts found an attorney could competently carry, and that to properly represent his clients, he'd need to work 12-hour days 365 days each year.
Eventually, Weiner withdrew from three cases, prompting the head of the office to discipline him after the second and fire him after the third. Claiming violations of the State Employee Protection Act and his free speech rights, Wiener sued in November 2024.
Second Judicial District Judge Sarah Wallace heard three days of testimony on the state's motion to dismiss in January, with closing arguments following a week later.
State law actually bars public defenders from withdrawing from cases simply due to having an excessive workload. Chief Deputy Public Defender Lucienne Ohanian testified that she saw the law as helping the office justify its demands for increased funding.
Lane, however, countered that the law unconstitutionally violates the separation of powers and allows the Legislature to make decisions that belong to the judicial branch.
The risk of overburdening public defenders is real, Lane said, pointing to an Oregon Supreme Court opinion published Thursday that threatens to dismiss 1,400 criminal cases due to the state's inability to provide public defenders.
The state countered that Weiner was fired for disobeying orders from his supervisors, not for speaking out against his workload - a fact the Office of the Public Defender argued is common knowledge.
"He was fired for his conduct," argued Senior Assistant Attorney General Juliane DeMarco on behalf of the state. "He made choices."
DeMarco told the court Weiner turned down his supervisors' offers to help balance his workload by reassigning his cases to others - an issue that boiled down to a difference in management polices.
"Disagreements with management policy are not protected disclosures," DeMarco said.
At the close of the hearing, Wallace thanked both parties for their arguments.
"I jotted two notes, one which is 'everyone has same goal,' and I would be remiss not to say that everyone who testified clearly cares about our justice system and ensuring people who are indigent have representation," Wallace said. "The other note I wrote is 'utmost respect.' I certainly have the utmost respect for public defenders and what they give to our state."
Wallace did not indicate when or how she would decide the case.
Source: Courthouse News Service
