PORT TOWNSEND — When protesters return to court in February, most plan to plead that they chose to break the law to prevent a greater harm — the Iraq war.

That is the defense planned for 34 of the 37 protesters arrested and charged with disorderly conduct after they demonstrated outside the gates of Naval Magazine Indian Island on Sept. 23, said Bellingham defense attorney Larry Hildes on Wednesday.

Hildes is representing 34 of the defendants.

Indian Island is a munitions storage and transfer depot for the Navy’s Pacific Fleet, which is across the bay from Port Townsend.

The group, who call themselves the Indian Island 37, appeared in Jefferson County District Court for a pretrial hearing on Wednesday.

Hildes told District Judge Mark Huth he plans to make a necessity defense motion during the next court date, Feb 23.

That means his clients will admit to breaking the law when they sat in the middle of state Highway 116 outside Indian Island, but did so to prevent greater harm, in this case, the Iraq war.

Hildes also said he will probably file a dismissal motion.

The jury trial is expected in April.