Senate Republicans file a new ethics complaint against DFL Sen. Nicole Mitchell, who faces burglary charges
Minnesota Senate Republicans on Tuesday filed a new ethics complaint against embattled DFL Sen. Nicole Mitchell, who faces two burglary charges.
It comes after the GOP tried to bring forward a motion to oust her last month, but it failed on a procedural move for which Mitchell herself was the deciding vote that kept it from advancing.
That's now at the center of the new complaint, which alleges she violated the chamber's rules on conflict of interest by voting on such matters since she has a personal and financial stake in her political future.
The Democrat from Woodbury pleaded not guilty to first-degree burglary. Prosecutors say she broke into her stepmother's home to collect some of her late father's belongings. Earlier this month, they added an additional felony charge of possession of burglary or theft tools.
"Many have rightly asked, 'How can a member cast a vote that determines their long-term ability to be in the Senate?' We believe this is a clear violation of the conflict of interest rules that the Senate holds to," said Senate Minority Leader. Mark Johnson, R-East Grand Forks, in a news conference Tuesday.
Republicans are also amending their previous ethics complaint to account for the recent added felony charge. The ethics subcommittee divided equally among Republicans and Democrats that is tasked with weighing in on those complaints has delayed action indefinitely until her criminal trial begins or significantly new evidence emerges.
In a statement to WCCO, Mitchell's attorney said there hasn't been any new evidence to warrant revisiting that earlier complaint in a new hearing
"For anyone to read an amended complaint and believe that they have seen new evidence shows that they do not understand what evidence is. Evidence is something that tends to prove or disprove the existence of an alleged fact," said Bruce Ringstrom Jr. in an email. "Since a criminal complaint is always and only an accusation, it is not evidence."
Her trial won't happen until after session is over, after a Becker County judge granted her motion for a delay, citing state law protecting lawmakers from appearing in court proceedings until the part-time legislature completes its work in St. Paul.
The trial was originally set to begin in late January. Ringstrom did not comment on the new complaint since its concerns are outside of the criminal case and related to chamber operations.
"We'll continue to try to hold Senator Mitchell accountable until this is resolved. This has really been a cloud over the Senate's head. It's an inability to get our business done without the question of legitimacy moving forward," Johnson said in a news conference.
The Republican leader added that the ethics panel will have to schedule a hearing within 30 days of receiving the complaint. The ethics process within the Senate is separate from the criminal case.
"As I have maintained since April, Senator Mitchell is owed due process. That includes the adjudication of her case in court, and the consideration of ethics in the Senate. The subcommittee on ethics will continue to play its role in due time," said Senate Majority Leader Erin Murphy, DFL-St. Paul. "Our caucus remains focused on the work of passing a balanced budget and using our time this session to improve the lives of Minnesotans."
