Minnesota Senate Republicans file ethics complaint against DFL Sen. Nicole Mitchell following felony charge
ST. PAUL, Minn. — Minnesota Senate Republicans on Wednesday filed an ethics complaint against DFL Sen. Nicole Mitchell, who was charged Tuesday with first-degree burglary in connection to a home break-in.
In charging documents, police said Mitchell broke into her stepmother's home in Detroit Lakes early Monday morning to retrieve some of her late father's items, including his ashes. Mitchell in a Facebook post disputes that account, saying she went to check on a family member who has Alzheimer's disease and startled her. The first-term senator denied stealing.
Calls for her resignation have been mounting from Republicans, but Mitchell at this point intends to stay in office, according to her attorney. The controversy spilled over to the state capitol on Wednesday, where Mitchell was not present.
Senate Republicans allege Mitchell's conduct outlined in the criminal complaint broke senate rules, including that members adhere "to the highest standard of ethical conduct" and that she violated public trust.
During the floor session, they tried and failed to immediately compel the ethics subcommittee to launch an investigation. The panel has 30 days to take action after receiving an ethics complaint.
"If we don't have a date certain for this ethics subcommittee hearing, then this body will be under a cloud of doubt until the end of session," Senate Minority Leader Mark Johnson, R-East Grand Forks, said. "As you've seen in the past, many of these bills get passed on a 33-34 vote. So each one of these bills coming through are going to be dependent on [Mitchell's] vote — how can Minnesotans trust that?"
Scheduled floor votes on bills and a key committee were canceled Wednesday. Senate Majority Leader Erin Murphy, DFL-St. Paul, said she spoke with Mitchell only briefly and they discussed her children and her well-being.
"We are obviously dealing with a really heartbreaking and troubling set of circumstances for a colleague of ours and for this institution, the Minnesota Senate," Murphy told reporters for the first time since charges were filed. "I think it is important to acknowledge that we don't have all the facts, but this is obviously a very tough and challenging situation for this institution."
Mitchell's attorney by email said she is motivated to return to work and help prepare her defense in court. He said she was not in St. Paul because she was returning from northern Minnesota, where she had her initial court appearance.
"The criminal complaint is designed only to cause a judge to determine that there is sufficient probable cause to charge someone with a crime. It fails to include exculpatory facts, such as how Senator Mitchell has a key to the residence in question; that she was only in possession of things that she actually owns; and that she was and is deeply concerned about the health and welfare of someone who has been a member of her family for 45 years," Bruce N. Ringstrom Jr., Mitchell's attorney, said in part by email.
But it is unclear if Mitchell will return in person to the legislature in the final weeks before lawmakers must adjourn May 20. Senate rules allow legislators to vote remotely on bills if their caucus leader approves it. Mitchell's vote is essential for Democrats to advance their agenda with their razor thin one-seat majority.
When asked by reporters if she would grant Mitchell that permission for the rest of the year, Murphy left the door open to that possibility.
"I will be considering that question as the days and weeks come before us," she said. "It is a day to day consideration — someone's health and safety."
On Thursday, Murphy said the process for resolving the ethics complaint is moving forward.
"The Senate DFL Caucus takes legislative ethics seriously, both as a matter of professional conduct and to uphold the public trust. We also value due process," Murphy said. "The members of the Senate Subcommittee on Ethical Conduct are working with Senator Mitchell and the complainants to set a hearing date within the 30-day window prescribed by Senate rules. That hearing is the proper venue for the resolution of this matter. Outside of that process, we look forward to continuing the important work of passing legislation that improves the lives of the people of Minnesota."
