Republican senators in Minnesota have unsuccessfully pushed to expedite an ethics investigation and expulsion of Democratic-Farmer-Labor Senator Nicole Mitchell, who is facing a felony burglary charge. The GOP’s request for an ethics investigation came just days after Mitchell’s arrest for allegedly breaking into her stepmother’s Detroit Lakes home, raising questions about whether the DFL will retain its one-seat majority in the Senate.
GOP senators filed an ethics complaint against Mitchell on Wednesday, citing both the felony charge and inconsistencies between her statements to police and her social media posts about the incident. In criminal charges filed in Becker County District Court, Mitchell admitted to police that she entered her stepmother’s home through a basement window to retrieve her father’s ashes and other sentimental items. However, in a social media post following her release, Mitchell claimed she was checking on her stepmother out of concern and denied any intent to steal.
In the 34-33 Senate, Republicans seized the opportunity to call for Mitchell’s resignation and removal. Under current Senate ethics investigation rules, the process could take up to 30 days to begin, potentially extending beyond the May 20th session end date. Democrats, however, urged members to respect due process before removing a colleague from office.
Sen. Eric Lucero, R-St. Michael, introduced a resolution to expedite the investigation process, arguing that Mitchell had violated the public trust. The measure failed on a party-line vote of 33-33. If successful, the Senate Ethics Committee would have been required to initiate its investigation. Actual removal would require a two-thirds majority, which DFLers have no intention of supporting.
Senate Minority Leader Mark Johnson, R-East Grand Forks, emphasized the urgency of addressing the ethics investigation, highlighting that Mitchell’s arrest has already disrupted committee hearings and floor votes. Democrats, on the other hand, view the ethics investigation as a matter that can be addressed later, potentially delaying the process by 30 days.
Despite the felony charges against Mitchell, several other sitting Minnesota lawmakers have faced criminal charges while in office, though none have resigned or been expelled. Most of the previous charges were related to driving while intoxicated, with none involving felony offenses.
The case of St. Paul Rep. John Thompson in 2021 serves as an example of the consequences that can follow criminal charges. Thompson was expelled from the House DFL caucus over allegations of domestic abuse and misconduct. While he did not resign or face expulsion from the legislature, he ultimately lost a primary challenge and left office at the end of his term in 2023.
