Despite holding a full-time government job for 18 months, Hennepin County Chief Public Defender Kassius Benson has continued to represent private clients, a practice that may be illegal.
Benson, who took office Jan. 1, 2021, had in his first year trials for private clients in federal and state court. Those clients were from his 17 years in the practice for which he still maintains a website.
As the county's chief public defender, Benson has one client. He also oversees an office with the equivalent of 107 full-time lawyers on staff and more than 50 support staff. The public defender's office represents criminal defendants who cannot afford attorneys.
"I understand the concern. I'm not running that practice. I'm content with what I chose to do," Benson said in an interview, referring to his decision to step away from his small private firm to accept the $145,288-a-year job as chief of the state's busiest public defender's office.
The state's top public defender backs him, but one legal ethicist and a union steward in the Hennepin County office said Benson is violating state law by continuing to work for private clients while running the office.
Minnesota law says chief district public defenders "shall devote full time to the performance of duties and shall not engage in the general practice of law."
"Clearly, he's violating the law by continuing the private practice," said David Schultz, Hamline University professor of political science and legal studies.
Bob Kolstad, union steward for the lawyers represented by the Teamsters Local 320 in the Hennepin County office, said Benson's continued outside work "shows he's not as 100% into the job as he claimed he would be."