Denver city attorney tells cops to stop arresting courthouse activists

Denver’s city attorney has directed the police and sheriff’s department to stop arresting people passing out jury nullification literature in front of the courthouse.

The order was revealed Friday in U.S. District Court during a hearing involving a lawsuit against the city and Denver police chief Robert White.

The lawsuit was filed earlier this month on behalf of activists who want to distribute jury nullification information outside the Lindsey-Flanigan courthouse. They sued after two others who were handing out pamphlets were charged with seven counts of jury tampering by District Attorney Mitch Morrissey.

The lawsuit argues that the arrests are a violation of free speech rights and asks for a federal injunction against further arrests.

The lawsuit also named Denver Chief Judge Michael Martinez, who on Thursday issued an order barring demonstrations, protests, distributing literature, proselytizing and other activities on the courthouse grounds.

City Attorney Scott Martinez said his staff argued that the Denver judge’s order was overly broad. They also argued against arrests targeting people handing out jury nullification literature.

The city attorney’s office also has taken a position that their actions do not violate state law.

“We agree that the court house steps are a public forum and that people can pass out information, including pamphlets, in accordance with the First Amendment,” the city attorney said.

Jury nullification describes a jury’s decision to reject a conviction because they believe a law is unjust.

The city attorney’s position is unusual in that it is siding with the very people who are suing the city. It also pits the city attorney’s office against the district attorney’s office, which filed criminal charges.

And, in another twist, it puts the city on the same side as civil rights attorney David Lane, who has successfully sued the Denver for millions over the years in police brutality cases.

“Denver agreed that the passing out of jury nullification literature is protected free speech,” Lane said. “The only opposition I had in court today was the state attorney general.”

Noelle Phillips: 303-954-1661, nphillips@denverpost.com or twitter.com/Noelle_Phillips