A second ethics complaint was filed against Sen. Nicole Mitchell, DFL-Woodbury, on Tuesday after she voted on a motion related to her own potential expulsion from the Minnesota Senate.
“Since her arrest last April, Senate Republicans have been clear: Sen. Mitchell’s actions have damaged the integrity of the Senate and distracted from the important work we need to do. Unfortunately, Senate Democrats have shielded Sen. Mitchell from serious consequences to advance their agenda, avoid bipartisanship, and even allowed the Senate to become complicit in a legal strategy that delays both justice for the victim and holds the Senator accountable for her actions,” said Senate Republican Leader Mark Johnson, R-East Grand Forks.
During a press conference, Johnson explained that Senate rules outline how to handle conflicts of interest and that Mitchell should have abstained from a procedural vote related to a motion to expel her from the Senate last month.
“Any vote to expel her from the Senate would result in the loss of her employment as a Senator and would immediately end access to the salary and benefits afforded to a legislator,” said Sen. Steve Drazkowski, R-Mazeppa. “Members are expected to abstain from votes for which they have a financial interest. Senator Mitchell did not disclose her conflict and did not abstain from a procedural vote that stood in the way of a vote on her expulsion.”
Mitchell was charged with first-degree burglary last April after she allegedly broke into her stepmother’s Detroit Lakes home before dawn. A second felony charge for possession of burglary or theft tools was added earlier this month. An initial ethics complaint was filed against her last year, which Republicans have updated to reflect the new charge.
“The facts are stunning. We have a sitting member of the Minnesota Senate facing not one, but two charges associated with breaking into her stepmother’s home,” said Sen. Eric Lucero, R-St. Michael. “She was found in the middle of the night hidden in a basement bathroom dressed all in black. A crowbar was found near a window where she apparently broke into the home of her stepmother.”
A judge agreed to postpone Mitchell’s trial, originally scheduled for January 2025, which is now set to begin June 16, after the conclusion of the 2025 legislative session.
“Sen. Mitchell chose to abuse the process,” Lucero said. “The actions of Sen. Mitchell betray the public trust.”
Johnson said he believes that with the new information, there is a possibility that the ethics committee will take action on the complaints. “Clearly this body of evidence is really building,” Johnson said.
“I don’t think the law is anticipating felony level crimes being committed and using that law to continue your service until the end of a session,” Johnson said in response to a question regarding the law that Mitchell utilized to delay her trial until the end of session.
“All of the steps along the way have given Sen. Mitchell the opportunity to do the right thing,” said Sen. Drazkowski. “It was deliberate defiance of our rules by this member.”
Johnson called the situation a “distraction” and said that the Senate needs to be able to move forward.
The Subcommittee on Ethical Conduct must meet to review the new complaint within 30 days of filing.
Hayley Feland
Hayley Feland previously worked as a journalist with The Minnesota Sun, The Wisconsin Daily Star, and The College Fix. She is a Minnesota native with a passion for politics and journalism.
