Judge tosses free speech claim of former public defender who alleged burnout
A judge in Denver on Wednesday dismissed a First Amendment claim of an attorney who is suing the Colorado state public defender, alleging that he was fired after speaking out about case overload. (Image from Shutterstock)
A judge in Denver on Wednesday dismissed a First Amendment claim of an attorney who is suing the Colorado state public defender, alleging that he was fired after speaking out about case overload.
Travis Weiner, a former public defender, had a triple-digit caseload in 2024. He calculated that to competently represent his clients, he would have to work 12 hours per day for 365 days each year.
The state argued that Weiner was not disciplined for speaking out but for dropping cases against the advice of his supervisor, according to coverage on Courthouse News Service.
The state cited the 2006 U.S. Supreme Court decision in Garcetti v. Ceballos, arguing that public employees are not entitled to First Amendment protections made regarding their duties, and Weiner’s claims of free speech were covered by the state Whistleblower Act.
“By alleging his termination violated the Whistleblower Act, Weiner pleaded a violation of the clear public policy in favor of disclosures of abuses of authority and illegal and unethical practices,” wrote Second Judicial District Judge Sarah Wallace in a 17-page opinion. “The court is persuaded Weiner’s free speech claim sounds in tort and is subject to the Colorado Government Immunity Act.”
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