Indianapolis – June 5, 2025. Although police officers are held to a higher standard, they are still entitled to due process of law. This is not always the case, however. With unregulated Brady-Giglio lists, officers’ reputations are being irreparably harmed and careers derailed without proper cause. The National Police Association (NPA) is encouraged by the increase in state bills aimed at enhancing transparency in these types of lists. In the Minnesota legislature, Rep. Paul Novotny (MN-30B) has introduced a state bill (HF 962) that, in part, would prohibit officers from being disciplined or fired solely for being included on Brady-Giglio lists. This bill, endorsed by NPA, currently resides in the Justice Committee for deliberation. The text for the bill is here.
Brady-Giglio lists surfaced from Supreme Court decisions (Brady v. Maryland and Giglio v. United States) requiring prosecutors to disclose evidence that might exonerate a defendant. These lists, typically compiled and maintained by prosecutors’ offices, contain the names of officers they have identified as having credibility issues.
Because these types of lists are often unregulated and lack transparency, they are a threat to officers’ due process rights. Without universal standards, prosecutors can arbitrarily decide which officers to include or omit. This can lead to an officer being placed on a list for perceived malfeasance or even personal grudges. And unlike in a court of law or other formal proceedings, officers typically don’t have the option to challenge these decisions.
The bill proposed in the Minnesota legislature would prohibit local, county, and state police agencies from disciplining or firing a police officer solely for inclusion on a Brady-Giglio list.
It also calls for the creation of a task force comprised of unpaid representatives from interested parties, to include the state’s Attorney General, a district court judge, and the Minnesota County Attorneys Association. Law enforcement organizations, including the Minnesota Chiefs of Police Association, the Minnesota Sheriffs’ Association, and the St. Paul Police Federation, would also have a seat at the table.
This coalition would be tasked with investigating and making recommendations relating to Brady-Giglio lists. Factors incorporated in this roundtable include determining how an officer’s information is disclosed, identifying impartial investigators, and implementing a standardized system.
“In their current form, Brady-Giglio lists are problematic. Without transparency and universal standards attached, they are essentially an assault on officers’ due process rights,” said Paula Fitzsimmons, Legislative Director, National Police Association. “This Minnesota state bill would ensure that officers aren’t being wrongfully stigmatized and penalized, while seeking ways to fix a system that currently lacks legal safeguards,” Fitzsimmons added.
The NPA applauds Rep. Novotny for crafting a bill to prohibit law enforcement agencies from disciplining or firing police officers exclusively for inclusion on Brady-Giglio lists, and to investigate ways to improve the current system. Law enforcement officers are entitled to the same due process rights as all Americans, and we urge all states to draft similar legislation.
About the National Police Association: The National Police Association (NPA) is a nonprofit organization supporting law enforcement through advocacy, education, and law. For more information, visit NationalPolice.org.
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