# Five-county referral protocol *A referral arrangement in Minnesota criminal prosecution, documented through one case in 2021.* The **five-county referral protocol** (also called the **referral protocol**) is the name the project's at-issue record gives to an arrangement under which Minnesota prosecuting authorities moved a criminal case between counties and to the Office of the Minnesota Attorney General.[^1] The record for this article does not set out the protocol's text, who issued it, or which five counties it covers. It documents the protocol only through its use on one case in 2021.[^1] In that case, Washington County charged second-degree manslaughter on April 14, 2021.[^1] On May 21, 2021, the case went back to Hennepin County, which asked the Attorney General to take it.[^1] On September 2, 2021, the Attorney General added a first-degree manslaughter charge. The same release stated that "the original second-degree manslaughter charge is appropriate."[^2] ## Who Three prosecuting authorities appear in the record: - **Washington County** filed the first charge.[^1] - **Hennepin County** received the case on May 21, 2021, and asked the Attorney General to take it.[^1] - **The Minnesota Attorney General** amended the charges on September 2, 2021.[^2] The record does not name the county attorneys or the Attorney General. It does not name the defendant or give a case caption or docket.[^1][^2] ## What The at-issue record states that the protocol was "exercised twice on one case."[^1] The steps it records are: - Washington County's charge. - The case's return to Hennepin County. - Hennepin County's request that the Attorney General take the case.[^1] The record does not specify which two of these steps count as the two exercises of the protocol.[^1] The Attorney General's September 2, 2021 release is the primary source for the last step. In it, the office kept the county's second-degree manslaughter charge, calling it appropriate, and added first-degree manslaughter.[^2] ## When - **April 14, 2021:** Washington County charged second-degree manslaughter.[^1] - **May 21, 2021:** The case went back to Hennepin County, which asked the Attorney General to take it.[^1] - **September 2, 2021:** The Attorney General added first-degree manslaughter and stated that the original second-degree charge was appropriate.[^2] ## In the at-issue record The record places the Attorney General's own statement beside the office's action. The release states that "the original second-degree manslaughter charge is appropriate."[^2] The same release records a new, higher charge of first-degree manslaughter added to the case that county prosecutors had charged and passed on.[^2] Between the first charge and the amended charges, the case was handled by three prosecuting authorities in under five months.[^1][^2] The record does not establish why the case moved from Washington County back to Hennepin County, or why Hennepin County sought the Attorney General's involvement. It does not establish the reasoning for the added charge beyond what the release states.[^1][^2] ## Notes [^1]: Minnesota wiki project, at-issue record AI-Washington-031, *The Referral Architecture & the County That Got the Prison Edition* (2021-04-14) — records the April 14, 2021 Washington County charge, the May 21 return to Hennepin County and its request to the Attorney General, and the description of the protocol as "exercised twice on one case"; primary anchor: https://www.ag.state.mn.us/Office/Communications/2021/09/02_Potter.asp [^2]: Minnesota Office of the Attorney General, *News release of September 2, 2021* (2021-09-02) — records the added first-degree manslaughter charge and states that "the original second-degree manslaughter charge is appropriate." https://www.ag.state.mn.us/Office/Communications/2021/09/02_Potter.asp