Mary Moriarty

Mary Moriarty
County Attorney of Hennepin County
Incumbent
Assumed office January 2, 2023
Preceded by	Michael O. Freeman
Personal details
Born	(1964-01-14) January 14, 1964 (age 60) Benson, Minnesota, U.S.
Political party	Democratic
Education	Macalester College (BA) University of Minnesota (JD)
Signature
Website	Official website

Mary Frances Moriarty (born January 14, 1964) is an American attorney and politician serving as the County Attorney of Hennepin County, Minnesota.^[1] She is a member of the Minnesota Democratic–Farmer–Labor Party (DFL). Moriarty previously served as the Chief Public Defender of Hennepin County.^[2]

Moriarty was born in Benson, Minnesota. Her mother, Linda, was an English teacher, and her father, Patrick, served as the Itasca County Attorney from 1963 to 1969, and was later a public defender in New Ulm.^[3][4] Moriarty worked briefly as a reporter before enrolling at Macalester College, where she played softball and basketball and majored in history and political science, earning her Bachelor of Arts in 1986.^[4] In 1989, she earned a Juris Doctor from the University of Minnesota Law School. After clerking for Hennepin County Judge Kevin Burke and passing the bar exam, Moriarty went to work for the Hennepin County Public Defender's Office.^[5]

Early in her career as a public defender, Moriarty argued a case that would eventually go to the U.S. Supreme Court.^[6] A Minneapolis police officer had patted down a man and claimed that he could feel through the man's jacket that a small lump was crack cocaine, justifying the search. Moriarty argued that it would have been impossible to identify the lump as drugs. On June 7, 1993, the high court unanimously agreed, ruling that the officer had exceeded the limits of a legal pat-down. The case (Minnesota v. Dickerson) established what is referred to across the United States as the plain feel doctrine.^[7][8]

In 2014, after spending 25 years as a public defender, Moriarty was selected as Hennepin County's first female chief public defender.^[9] As chief, Moriarty oversaw some 45,000 cases per year and managed a staff of 140 attorneys and over 70 support staff including investigators, dispositional advisors, paralegals, IT personnel, legal office assistants and law clerks. An evaluation from the National Center for State Courts stated that under Moriarty's leadership, Hennepin County had one of the best public defender offices in the country, one that was as successful as a private law firm.^[10][11]

Moriarty and her team exposed inequities in the criminal legal system within Hennepin County. In 2018, they showed that low-level marijuana stings in Hennepin County overwhelmingly targeted Black people. Moriarty's office forced Hennepin County Attorney Mike Freeman and the Minneapolis Police Department to stop the stings, which many viewed as racially biased.^[12] In 2020, Moriarty's office conducted a study that revealed Black people were overwhelmingly more likely to be stopped by police for traffic violations—even though White drivers were more likely to have contraband.^[13]

On December 23, 2019, Minnesota State Public Defender Bill Ward announced that he was placing Moriarty on indefinite suspension.^[14] The Minnesota Board of Public Defense hired a law firm to investigate allegations that she had posted offensive content on social media, created a fearful environment in her office and fractured relationships with criminal justice leaders.^[15] Ward pushed the state board not to renew the contract of Moriarty.^[16] Minnesota Attorney General Keith Ellison said that Moriarty is “one of the most principled people I know. I'm concerned about her treatment; it appears connected to her advocacy for racial justice.”^[17] Ellison called for the Minnesota Board of Public Defense to examine the process that led to Moriarty's suspension, saying he believed Moriarty was targeted for speaking out against racial bias in the criminal justice system.^[18]

On September 30, 2020, the Minnesota Board of Public Defense voted 4–2 against re-appointing Moriarty.^[19] During the six-hour board meeting, Moriarty rebutted accusations made against her, saying she was being attacked because of her advocacy for her clients and against racial injustices. Moriarty accused the board of sexism and holding a double standard regarding her advocacy for clients and staff. Moriarty clashed with Ward, who she said bullied and harassed her, belittling her by calling her "young lady."^[20]

On June 22, 2021, the Minnesota Board of Public Defense agreed to pay Moriarty a $300,000 settlement. The state board did not admit wrongdoing, but it "agreed to a complete settlement of all of the disputes" between state leadership and Moriarty, avoiding a future lawsuit, according to the out-of-court settlement. In return, Moriarty officially retired from the Hennepin County Public Defender's Office.^[21]

On September 1, 2021, Hennepin County Attorney Mike Freeman announced that he would retire at the end of his term after 24 years in the role. Moriarty announced the same day that she would explore a campaign for the open Hennepin County Attorney position.^[22] On September 27, 2021, Moriarty officially declared her candidacy.^[23] She came out as queer during her campaign.^[24] Moriarty earned the endorsement of the Minnesota DFL at its convention in Hopkins on May 14, 2022, after two rounds of voting.^[25] A nonpartisan primary was held on August 9, 2022, with Moriarty and former judge Martha Holton Dimick advancing to the general election.^[26] On November 8, 2022, Moriarty was elected Hennepin county attorney, defeating Dimick.^[1] She is the first known LGBT person to serve as the Hennepin County Attorney.^[24]

On November 14, 2022, Moriarty announced that State Representative Cedrick Frazier and law professor Mark Osler would serve as co-chairs of her transition committee.^[27][28]

In a notable case from March 2023, Moriarty offered controversial plea deals to a 15 and 17-year-old charged with second-degree murder after shooting Zaria McKeever in Brooklyn Park. The plea deals allowed the defendants to serve 18 to 24 months in a juvenile correctional facility, with probation upon release until the age of 21.^[29] Moriarty's decision was criticized by the family of the murder victim, Attorney General Keith Ellison, Minnesota's largest police association, and community activists, who felt betrayed by what they viewed as lack of accountability for the killers and a miscarriage of justice for survivors.^[30][31][32] An Assistant Hennepin County Attorney who had worked on the case for months also voluntarily removed herself from the case in protest. Moriarty defended her decision, stating "Our goal is to treat kids like kids," and "We know that kids that age are impressionable, they are impulsive, they're easily manipulated and subjected to peer pressure."^[30] On April 6, 2023, Governor Tim Walz authorized Ellison to take over the murder case from Moriarty over her objections, despite Ellison previously criticizing the idea of circumventing a county attorney without their permission.^[33][34]

After the McKeever case, Moriarty has repeatedly come under criticism over perceived leniency in treatment of violent offenders.^{[35][36][37][38]} Throughout 2023, Moriarty has been criticized by families of victims and prosecutors in her office over her decisions to offer probation to two 17-year olds charged with murder, a person charged with sexually assaulting a 15-year old girl, a drug dealer charged with murder after knowingly giving fentanyl-laced pills to an overdose victim, a teen who was charged with murder after shooting a driver during a deadly carjacking, and a man charged with sexually assaulting a 9-year old girl. Some victims' family members have petitioned Ellison to take over cases from Moriarty, as he did in the McKeever case.^[38][35]

In September 2023, Moriarty contradicted Ellison over a legal opinion on restraints by school resource officers (SRO). A law passed by the Minnesota Legislature in 2023 had altered legally permissible restraints by SROs, leading to confusion over permissible restraints and SROs pulling out of schools due to uncertainty over liability under the law. On September 20th, Ellison issued a legal opinion that SROs may continue to restrain lawbreaking students, which led to the return of some SROs. A week later, Moriarty disputed Ellison's interpretation, causing further confusion on the law.^[39][40] Moriarty acknowledged that only the attorney general could issue a binding opinion, but pointed out that a judge may rule differently in court.^[41]

In September 2023, Moriarty announced that she would consider prosecution of a state trooper involved in the deadly shooting of Ricky Cobb II. Moriarty emphasized her consulting of a use-of-force expert, saying that their independent review would be "a critical part of our process". She later charged the trooper with murder in January 2024, determining that "charges were appropriate without the use of an expert". Moriarty had retained Jeffrey Noble as her expert, who had previously testified for Ramsey County prosecutors that the shooting of Philando Castile was unreasonable. Moriarty stopped consulting with Noble after a meeting regarding his preliminary thoughts on the case, where Noble gave his opinion that the trooper acted reasonably in shooting Cobb.^[42][43] Governor Walz questioned Moriarty's strategy, saying, "But as a layman on this, why would you not listen to use of force? Why would that not be central to something you do?", and advocating for the release of relevant documents in the case.^[44] The State Patrol's use-of-force expert also provided an affidavit stating that prosecutors in Moriarty's office had cherry-picked his statements to produce a criminal complaint against the trooper, who the expert said had acted in accordance with training.^[45][46] In June 2024, Moriarty dropped the case against the state trooper, Ryan Londregan.^[47]

• List of first openly LGBT politicians in the United States