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CapWatch:
June 19, 2023

CapWatch - Larkin Hoffman Public Affairs

Minnesota Update

The weeks immediately following the end of a legislative session are often quiet as legislators return to their districts (and often to their “day jobs”) before a busy summer of local events and voter engagement. While that has generally been the case this past month, last week saw two major announcements that are expected to impact the legislative interim.

The first announcement came last Thursday when the Chief Justice of the Minnesota Supreme Court, Justice Lori Gildea, announced her retirement effective October 1, 2023. She has served as Chief Justice for 13 years and, in her announcement noted that she believes now is the right time for her to move on. Chief Justice Gildea was appointed to the Minnesota Supreme Court as an associate justice in 2006 and was appointed Chief Justice in 2010, becoming the second female to hold the position. She is the third longest-serving chief justice in Minnesota history.

Gov. Tim Walz is expected to appoint a replacement later this year which will leave only one Republican-appointed justice on the Court, Associate Justice G. Barry Anderson, who was appointed by former Gov. Tim Pawlenty.

The second major announcement came last Friday when the U.S. Justice Department released a report summarizing its roughly two-year federal investigation of the Minneapolis Police Department. The report found that the department racially discriminated against Native and Black people, used excessive force and unjustified deadly force, and violated the rights of peaceful protesters. According to the report, Minneapolis Police Department’s culture and practices created systemic problems that lead to the killing of George Floyd. A few of the significant findings include:

  • The MPD “used dangerous techniques and weapons against people who committed at most a petty offense and sometimes no offense at all;”
  • Officers punished people who made them angry; and,
  • Police patrolled neighborhoods differently “based on their racial composition and discriminated based on race when searching, handcuffing or using force against people during stops.”

This investigation began in 2021 after the conviction of ex Minneapolis police officer Derek Chauvin for the killing of George Floyd. Federal authorities have been examining whether the Minneapolis Police Department routinely used excessive force and violated people’s constitutional rights. The report included suggestions for working to resolve or improve some of the issues cited such as revamping use-of-force policies, training, and reporting, increasing, reporting and accountability systems, and improving the review process for complaints.

In the months immediately following George Floyd’s death and the nationwide protests that followed, the Minnesota Legislature invested significant time and energy negotiating a series of reforms to the state’s law enforcement.

During the 2020 legislative session, a bill was passed and signed by Gov. Walz that strengthened policies surrounding police accountability. The legislation included a ban on neck restraints, similar to the restraint used in George Floyd’s death, as well as a ban on chokeholds and fear based or “warrior style” training, which some say promotes excessive force. Officers who see a colleague using excessive force are now required to intercede.

With the Minnesota Democratic Farmer-Labor Party now having full control of the Minnesota Legislature and governor’s office, it is likely that law enforcement reform will again be a major topic of discussion when lawmakers return to St. Paul in 2024.