Minnesota Senate organizes as key decision about Sen. Mitchell’s criminal trial awaited

Should Mitchell be convicted, she could lose her seat in the Senate. As such, the chamber may fill one vacancy on Jan. 28 only to have another vacancy occur in early February.

Minnesota
Senate Republican leader Mark Johnson and Senate DFL leader Erin Murphy/Minnesota Senate

Legislators serving in the Minnesota Senate were in St. Paul on Tuesday for the opening day of the 94th session of the Minnesota Legislature. During the opening day, the senators put in place a power-sharing agreement to govern the closely divided chamber.

At present, the chamber is comprised of 33 Republicans, 33 Democrats, and one vacancy. That vacancy occurred after former Sen. Kari Dziedzic passed away in December.

Given the current 33-33 tie, the Senate GOP and Senate DFL agreed to a temporary power-sharing agreement on Sunday. According to that agreement, the Senate will be governed by co-presiding officers, one Republican and one Democrat. Additionally, Senate committees will be made up of an equal number of Republicans and Democrats.

“Starting the 2025 session with a 33-33 tie means we all have an opportunity to build trust and respect as we navigate these circumstances,” said GOP Leader Mark Johnson when announcing the power-sharing agreement. “I want to thank Sen. Murphy and both caucuses for their work to recognize a balanced Senate structure that not only reflects the makeup of the Senate, it honors the collaborative and bipartisan work that Minnesotans expect of their legislature.”

The power sharing agreement will remain in place until a majority of the chamber votes to end the agreement.

On Jan. 28, a special election will be held in Senate District 60 to fill the one vacancy in the chamber. The DFL candidate in that race is Doron Clark, and the GOP candidate is Abigail Wolters. Located in Minneapolis, District 60 is widely expected to remain in DFL hands and will likely give the DFL enough votes to end the power sharing agreement and take control of the Senate.

“The loss of our colleague and friend Kari Dziedzic was profound for her district, the Senate, and the people of Minnesota,” said DFL Leader Erin Murphy when the deal was announced. “The temporary 33-33 tie in the Senate posed unique challenges for the body and required a unique solution. I want to thank Senator Johnson, DFL and Republican leaders, and our dedicated staff for tireless efforts to create a temporary organizing structure that will be fair to both caucuses and productive for the people of Minnesota.”

In accordance with the power-sharing agreement, Sen. Bobby Joe Champion, DFL-Minneapolis, and Sen. Jeremy Miller, R-Winona, were elected to serve as the co-presiding officers on Tuesday. The Senate also passed a resolution which enforces the rest of the power-sharing agreement.

However, the upcoming criminal trial of Sen. Nicole Mitchell, DFL-Woodbury, could disrupt what has so far been a relatively quiet, bipartisan start for the Senate.

Upcoming criminal trial for Sen. Nicole Mitchell

Sen. Mitchell is set to go on trial for felony burglary at the end of January. Last year, Mitchell was arrested in Detroit Lakes after allegedly entering her step-mother’s home unlawfully with the intent to commit a crime.

Court documents say Mitchell was found in the basement of the home in the early morning hours of April 22 wearing all black clothing and carrying a flashlight. According to the criminal complaint in the case, Mitchell told Detroit Lakes police that she was attempting to retrieve items that belonged to her late father.

Mitchell was later charged with first-degree burglary and has pleaded not guilty. Following the arrest, Republicans and some Democrats called on Mitchell to resign her seat in the Senate.

Despite this, Mitchell has stayed in the Senate and has continued to vote. The senator’s multi-day criminal trial will take place in Detroit Lakes and is scheduled for Jan. 27-31. The Senate will be in session during that time.

Just days ago, Mitchell’s lawyers requested to delay the trial until after the legislative session concludes. In making their request, Mitchell’s legal team argued that Minnesota statute and case law authorizes the postponement of judicial proceedings involving a legislator while the state legislature is in session.

Immediately after the request was made, county prosecutors submitted a demand for a speedy trial on behalf of themselves and the victim.

A hearing on that request occurred on Tuesday, and the judge is expected to rule on the matter in the coming days. Mitchell appeared at that hearing remotely because she was in St. Paul for the opening day of the Senate.

Should Mitchell be convicted, she could lose her seat in the Senate. As such, the chamber may fill one vacancy on Jan. 28 only to have another vacancy occur in early February.

A previous version of this story incorrectly stated that the power sharing agreement would dissolve once the vacancy in Senate District 60 is filled. Instead, the power sharing agreement will end when a majority of the chamber votes to end the agreement.

 

Luke Sprinkel

Luke Sprinkel previously worked as a Legislative Assistant at the Minnesota House of Representatives. He grew up as a Missionary Kid (MK) living in England, Thailand, Tanzania, and the Middle East. Luke graduated from Regent University in 2018.