Villainization of Criminal Justice Attorneys Should Concern Everyone

The 6th Amendment guarantees that every person accused of a crime be afforded legal counsel

The DLF’s Statement About Madel Candidacy for Governor Villainizes Criminal Justice Attorneys: This Should Concern Not Just the Criminal Defense Bar, but the Entire Minnesota State Bar

The recent statement by the Minnesota DFL Party claiming gubernatorial candidate Chris Madel “lacks a moral compass” because he “built his career defending violent and exploitative criminals” was an unintelligent move that should have been more carefully vetted within the DFL ranks.

By judging a person’s fitness for public office by taking aim at a handful of clients Madel has represented, the DFL made the mistake of attacking the very foundation of our criminal justice system, our notions of fair play, and, not the least, the U.S. Constitution and the Sixth Amendment right to counsel in all criminal prosecutions. 

The irony of the DFL’s statement about Madel should be apparent to every Minnesotan. Indeed, while on the one hand berating Madel for defending people accused of crimes, the DFL on the other hand continues to claim that the government is wrongfully arresting, deporting, denying financial benefits and committing all sorts of other constitutional infractions against citizens and non-citizens alike. 

The core function of a criminal justice attorney is not to enable criminality; it is to ensure that when liberties are at stake, the government is following the rules and meets its burden of proof. When the DFL attacks Madel for “getting many of their charges and cases thrown out,” it is criticizing the justice system working as intended. Charges are dismissed for all kinds of reasons, among them, lack of probable cause, violations of the 4th Amendment (search and seizure), malicious prosecution, among others. 

The DFL isn’t just demonizing Madel—it’s attacking every criminal justice attorney who does exactly what the Constitution requires: zealously defending the accused, and working to uphold constitutional guarantees. The DFL’s criticism dishonestly isolates the defense attorney from the rest of the criminal justice system that includes judges, prosecutors, law enforcement, and court and corrections personnel. Suggesting that Madel is morally compromised because he defended people accused of crimes is absurd. If a defense attorney is “unfit” because some clients were criminals, then a prosecutor would likewise be an unsuitable candidate for his or her overly aggressive charging decision as evidenced by not guilty verdicts and later revealed wrongful convictions. As would multitudes of civil attorneys who enter public service after ethically but zealously representing corporate and individual interests that are not always aligned with the common good. This line of attack isn’t just dishonest—it’s dangerous because it undermines the rule of law that the DFL claims to champion. In this sense, the entire Minnesota state bar – not just the defense bar — should be concerned with the DFL’s statement. 

As a public defender, and attorney/spokesperson in private practice, I have represented individuals accused of serious crimes, including murder, rape, kidnapping, and possession of child pornography. I, too, have been typecast as someone who was ”unfit” for office when I ran for the Minnesota House of Representatives in 2024. While I have defended the rights of the accused, I have also worked to ensure vigorous enforcement of animal cruelty laws, represented and advocated for crime victims, and championed laws to protect vulnerable populations. We defense attorneys are not a monolith trying to help bad people get away with bad things, as the DFL would like you to believe. 

The DFL’s conflation of professional obligations with personal morality is disappointing. Granted, such conduct is not peculiar to just the Minnesota DFL. Associate Supreme Court Justice Ketanji Brown Jackson was criticized for elements of her work representing Guantanamo detainees as a federal public defender and in private practice during her confirmation process to SCOTUS. 

The lesson here, however, is we must do better in politics. We Minnesotans deserve a gubernatorial contest focused on solving Minnesota’s complex problems—from fixing state fraud and improving schools to lowering taxes. Voters: let’s see what the DFL says about the policies Madel is advocating. In the meantime, keep watch for the party’s pot shots against Madel for being a highly successful and courageous attorney. 

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