The Department of Justice is investigating a Minnesota county attorney after her office announced a change in policy that appears to suggest a defendant’s race should be considered during plea deals.

The department’s civil rights division said it was investigating the Hennepin County prosecutor’s office over a policy telling staff members to be mindful of “racial disparities” in plea negotiations.

The Justice Department launched a civil rights probe into Hennepin County Attorney Mary Moriarty for ordering prosecutors to consider race in plea deals.