# Mary Moriarty *American attorney; Hennepin County Attorney since 2023* Mary Frances Moriarty, a lawyer and member of the [[Minnesota Democratic–Farmer–Labor Party]], has held the office of [[Hennepin County Attorney]] in [[Hennepin County, Minnesota]] since January 2, 2023.[^1][^2] Her term runs to January 4, 2027.[^2] Before that she spent 25 years as a public defender and became Hennepin County's chief public defender in 2014. The project's dossier dates that tenure 2014–2021.[^2] On April 28, 2025, her office put a written plea-negotiation policy into effect. The policy told prosecutors to weigh a defendant's "racial identity and age."[^3] On May 5, 2025, the U.S. Department of Justice announced a civil rights investigation into the policy.[^4] As reported, the Department closed that investigation on February 26–27, 2026, after the office amended the policy.[^5] On [[August 7, 2025]], between the opening and the closing of that investigation, Moriarty announced that she would not seek a second term.[^2][^6] The record shows the sequence. It does not establish her reason. Her successor is to be chosen in the [[November 3, 2026]] general election, between [[Cedrick Frazier]] and Anders Folk.[^7] ## Who ### Early life and education Moriarty was born on January 14, 1964, in Benson, Minnesota. She took a Bachelor of Arts in history and political science from Macalester College in 1986.[^2] In 1989 she received a Juris Doctor from the [[University of Minnesota Law School]].[^2] She then clerked for Hennepin County judge Kevin Burke, passed the bar, and joined the Hennepin County Public Defender's Office.[^2] ### Public defender As a young public defender, Moriarty argued *Minnesota v. Dickerson*. In that case a Minneapolis officer had treated a lump felt through a man's jacket as crack cocaine.[^2] On June 7, 1993, the U.S. Supreme Court held without dissent that the officer had gone beyond what a lawful pat-down permits. The decision is the source of the plain feel doctrine.[^2] ### Chief public defender From her selection as chief in 2014, Moriarty's office handled about 45,000 cases a year. It employed 140 attorneys and more than 70 support staff.[^2] According to the Wikipedia article on her, an evaluation by the National Center for State Courts ranked the office among the country's best.[^2] A 2018 analysis by her office found that low-level marijuana stings in the county overwhelmingly targeted Black people. The same article credits the office with ending the stings, which had been conducted with the office of then–County Attorney [[Michael Freeman]] and the [[Minneapolis Police Department]].[^2] In 2020 she was suspended from the post. The [[Star Tribune]] reported that the suspension surprised her, and the ACLU of Minnesota issued a statement on it.[^8][^9] MPR News reported in a story dated September 30, 2020, that she had been ousted as chief public defender.[^10] The pack does not establish who took these actions or on what grounds. ### County Attorney Sahan Journal reported Moriarty's election as Hennepin County Attorney, and Ballotpedia and the county list her in the office from 2023.[^11][^12][^1] ## What The office's [[Negotiations Policy]], titled *Negotiations Policy for Cases Involving Adult Defendants*, took effect on April 28, 2025. It provides: "While racial identity and age are not appropriate grounds for departures, proposed resolutions should consider the person charged as a whole person, including their racial identity and age."[^3] As reported, Moriarty defended it: "This policy does not instruct our prosecutors to treat someone differently because of their race."[^13] On May 5, 2025, the Department of Justice issued release [[DOJ 25-469]], *U.S. Department of Justice Announces Civil Rights Investigation into the Consideration of Race in Prosecutorial Decision making by Minnesota's Hennepin County*.[^4] The release stated that the County Attorney had "recently adopted a policy requiring her prosecutors to consider 'racial identity' during prosecutorial decision making."[^4] Assistant Attorney General Harmeet K. Dhillon said: "It is unconstitutional and morally abhorrent to make different prosecutorial decisions based on a person's race."[^4] Fox 9 reported that the Department closed the investigation on February 26–27, 2026, after the office amended the policy. The amendment replaced the "racial identity" instruction with a direction that prosecutors "be aware of and actively seek to eliminate bias, including race-based bias."[^5] According to the same report, Dhillon's closure letter said the Department "appreciate[s] that HCAO now has corrected a policy that clearly violated the Constitution." The letter added: "Closure of our investigation does not foreclose the remedies that private parties may seek against HCAO."[^5] Office spokesman Daniel Borgertpoepping called the investigation a "stunt."[^14] The pack contains the closure letter only as quoted in news reporting, and it shows no pending federal action against the office. ## When - 1989: Juris Doctor, University of Minnesota Law School.[^2] - June 7, 1993: Supreme Court decides *Minnesota v. Dickerson*.[^2] - 2014: Selected as Hennepin County chief public defender.[^2] - September 30, 2020: MPR News reports her ouster as chief public defender.[^10] - January 2, 2023: Takes office as County Attorney.[^2][^1] - April 28, 2025: The office's negotiations policy takes effect.[^3] - May 5, 2025: The Department of Justice announces its investigation (release 25-469).[^4] - August 7, 2025: Announces she will not seek a second term.[^2][^6] - February 26–27, 2026: The investigation is closed after the policy is amended, as reported.[^5] - [[August 11, 2026 nonpartisan primary]]: Cedrick Frazier and Anders Folk advance to the November 3, 2026 general election.[^7] - January 4, 2027: Her term ends.[^2] ## In the at-issue record [[At issue 015 - Three of the last four Hennepin County Attorneys]] records that three of the last four county attorneys hold law degrees from the University of Minnesota: - [[Tom Johnson]] (1970), who held the office from 1979 to 1991.[^15] - Michael Freeman (J.D. 1974), a DFL state senator for District 40 from 1982 to 1991, who served as County Attorney from January 7, 1991, to January 5, 1999, and from January 3, 2007, to January 2, 2023.[^16][^17] - Moriarty (1989).[^2] The fourth, [[Amy Klobuchar]], served from January 5, 1999, to January 3, 2007, and took her J.D. in 1985 from the [[University of Chicago Law School]].[^18] The item's anchor is a January 2025 White House presidential action, *Ending Illegal Discrimination and Restoring Merit-Based Opportunity*.[^19] [[At issue 079 - Mary Moriarty announced on August 7, 2025 that]] places her August 7, 2025 announcement three months after the Department opened its investigation and about six months before it closed. The item states this as sequence, not causation.[^6][^4][^5] ## Notes [^1]: Hennepin County, *Hennepin County* (official website, current) — Moriarty as Hennepin County Attorney, 2023–present. https://www.hennepin.us/ [^2]: Wikipedia contributors, *Mary Moriarty* (rev. 1380177389, retrieved 2026-10-27) — birth, education, DFL membership, Dickerson, chief public defender tenure and caseload, office dates, term end, August 7, 2025 announcement. https://en.wikipedia.org/wiki/Mary_Moriarty [^3]: Hennepin County Attorney's Office, *Negotiations Policy for Cases Involving Adult Defendants* (effective April 28, 2025) — policy text, including the "racial identity and age" clause. https://kstp.com/wp-content/uploads/2025/04/Negotiation-Policy-for-Cases-Involving-Adult-Defendants.pdf [^4]: U.S. Department of Justice, *U.S. Department of Justice Announces Civil Rights Investigation into the Consideration of Race in Prosecutorial Decision making by Minnesota's Hennepin County* (May 5, 2025, release 25-469) — opening of the investigation; the release's description of the policy; statement of AAG Harmeet K. Dhillon. https://www.justice.gov/opa/pr/us-department-justice-announces-civil-rights-investigation-consideration-race-prosecutorial [^5]: Fox 9, *Feds drop investigation into race-based Hennepin County policy* (February 2026) — closure on February 26–27, 2026 after the amendment; amended text; quotations from Dhillon's closure letter. https://www.fox9.com/news/feds-drop-investigation-race-based-hennepin-county-policy-feb-27 [^6]: Star Tribune, *Mary Moriarty will not seek a second term as Hennepin County Attorney* (2025) — her decision not to seek a second term. https://www.startribune.com/mary-moriarty-will-not-seek-a-second-term-as-hennepin-county-attorney/601450875 [^7]: Wikipedia contributors, *2026 Hennepin County Attorney election* (retrieved 2026) — Frazier and Folk advancing from the August 11, 2026 nonpartisan primary to the November 3, 2026 general election. https://en.wikipedia.org/wiki/2026_Hennepin_County_Attorney_election [^8]: Star Tribune, *Mary Moriarty, Hennepin County's top public defender, surprised by suspension* (2020) — report of her suspension. https://www.startribune.com/mary-moriarty-hennepin-county-s-top-public-defender-surprised-by-suspension/566444432 [^9]: ACLU of Minnesota, *Statement on the Suspension of Mary Moriarty* (2020) — statement on her suspension. https://www.aclu-mn.org/press-releases/statement-suspension-mary-moriarty/ [^10]: MPR News, *Hennepin County public defender ousted* (September 30, 2020) — report of her ouster as chief public defender. https://www.mprnews.org/story/2020/09/30/hennepin-county-public-defender-ousted [^11]: Sahan Journal, *Hennepin County Attorney Mary Moriarty wins election* — report of her election as County Attorney. https://sahanjournal.com/democracy-politics/hennepin-county-attorney-mary-moriarty-wins-election-minnesota/ [^12]: Ballotpedia, *Mary Moriarty* — Hennepin County Attorney, 2023–present. https://ballotpedia.org/Mary_Moriarty [^13]: Minnesota Lawyer, *Hennepin race-based plea policy* (May 2, 2025) — Moriarty's reported defense of the policy. https://minnlawyer.com/2025/05/02/hennepin-race-based-plea-policy/ [^14]: Hoodline, *Hennepin County torches feds after DOJ drops civil rights probe* (February 2026) — spokesman Daniel Borgertpoepping's "stunt" remark. https://hoodline.com/2026/02/hennepin-county-torches-feds-after-doj-drops-civil-rights-probe/ [^15]: University of Minnesota Law School, *Tom Johnson '70, former Hennepin County Attorney, dies at 75* (June 17, 2020) — Johnson's 1970 law degree and his service as County Attorney. https://law.umn.edu/news/2020-06-17-tom-johnson-70-former-hennepin-county-attorney-dies-75 [^16]: Minnesota Legislative Reference Library, *Legislators Past & Present: Michael O. Freeman* — Senate District 40 service, 1982–1991. https://www.lrl.mn.gov/legdb/fulldetail?id=10197 [^17]: Wikipedia contributors, *Michael O. Freeman* (retrieved 2026) — University of Minnesota J.D. 1974; County Attorney terms; DFL endorsement history. https://en.wikipedia.org/wiki/Michael_O._Freeman [^18]: Wikipedia contributors, *Amy Klobuchar* (retrieved 2026) — University of Chicago Law School J.D. 1985; County Attorney 1999–2007. https://en.wikipedia.org/wiki/Amy_Klobuchar [^19]: The White House, *Ending Illegal Discrimination and Restoring Merit-Based Opportunity* (January 2025) — the presidential action cited as anchor of the at-issue items. https://www.whitehouse.gov/presidential-actions/2025/01/ending-illegal-discrimination-and-restoring-merit-based-opportunity/