Dunn say this security process unfairly imposes a  disparate treatment  on defense attorneys, clients, potential clients, jurors and witnesses.

 It suggests that one side belongs and the other side is merely admitted,  in the courthouse, despite both prosecutors and defense attorneys attending activities there often or nearly every court day, Strauss and Dunn said in their lawsuit.

The defense attorneys say the withholding of records that are required to be public and the differences in security operations for entering the courthouse present a violation of the privilege and benefit of counsel under state law.

 A criminal courthouse must be secure,  the lawyers say in their complaint, not contesting that need.  But security cannot be administered in a manner that publicly marks the State's advocate as trusted and the accused's advocate as suspect. 

The lawyers said the difference in treatment breaches an appearance of fairness in the legal system.

To remedy the situation, Strauss and Dunn are asking the court to require equal security operations and procedures for defense counsel and prosecutors, as well as require the records be provided as directed by state law.

Channel 2 Action News requested comment from the Newton County Sheriff's Office and is waiting for a response.

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