On Wednesday, Minnesota lawmakers confronted the aftermath of State Senator Nicole Mitchell’s arrest for burglary, debating the appropriate response in light of the uncertainty it casts over the legislative session’s conclusion. Senate Democrats withdrew bills from consideration and postponed a morning rules committee hearing in order to deliberate privately about Mitchell, who is accused of breaking into her stepmother’s home and taking her late father’s belongings, including his ashes. Democrats, who hold a one-seat majority in the Senate, cannot advance their remaining legislation without Mitchell’s vote. Senate Republicans filed an ethics complaint against Mitchell, alleging that her alleged break-in violated chamber rules requiring members to uphold ethical conduct. They proposed expediting a hearing on the complaint, but Democrats rejected the motion.
Senator Ron Latz, DFL-St. Louis Park, emphasized that Mitchell deserves due process and that the Senate should adhere to its established procedures, which mandate an ethics subcommittee to review complaints within 30 days. The Minnesota Legislature is required to conclude its regular session by May 20th, implying that the committee may consider the complaint after lawmakers have adjourned. Republicans accused Democrats of trying to postpone the hearing until the session ends. Senator Karin Housley, R-Stillwater, called the expedited ethics hearing unprecedented, yet acknowledged the severity of the charges against Mitchell.
Mitchell’s stepmother contacted police early Monday morning to report a burglary in progress. Upon arrival, officers discovered Mitchell in the basement, along with a flashlight concealed in a black sock and a backpack lodged in an open basement window, which Mitchell later confessed to using as her entry point. The backpack contained various items, including a laptop believed to belong to her stepmother. Mitchell denied stealing in a Facebook post on Tuesday afternoon, claiming she intended to conduct a welfare check on a family member who was declining due to Alzheimer’s and related paranoia. Mitchell’s attorney later clarified that she also intended to retrieve personal items she felt were being withheld from her.
In their ethics complaint, Senate Republicans accused Mitchell of publishing false or misleading statements on her Facebook account about her arrest, violating a rule prohibiting members from distributing materials containing false or misleading information. They highlighted Mitchell’s admission in charging documents that “I know I did something bad,” arguing that this undermines public trust and could “bring the Senate into dishonor or disrepute.” Senate Majority Leader Erin Murphy, DFL-St. Paul, declined to comment on the discrepancies between Mitchell’s Facebook post and her alleged statements to police. Murphy acknowledged the distressing situation but cautioned against making judgments without all the facts.
Mitchell was absent from the Capitol on Wednesday and did not participate in the vote to expedite the ethics complaint. Murphy indicated that she will consider allowing Mitchell to vote remotely on bills for the remainder of the session. Senate Minority Leader Mark Johnson, R-East Grand Forks, warned that Mitchell’s return to voting could become a significant distraction before the ethics committee weighs in. Mitchell’s attorney, Bruce Ringstrom Jr., expressed her eagerness to return to work and assist in her defense preparation. He argued that the criminal complaint against Mitchell lacked exculpatory facts, such as her possession of a key to her stepmother’s house, her concerns for her well-being, and her possession of her own belongings. Ringstrom expressed concern about social media posts advocating for suspending due process in Mitchell’s case, emphasizing that upholding the rights of individuals accused of crimes should be a fundamental bipartisan principle.
