Republicans fail to oust Sen. Nicole Mitchell in ethics battle

Attempts by Minnesota Senate Republicans to oust Democratic Sen. Nicole Mitchell, who is facing two felony charges in Becker County, failed to gain traction Thursday at the Capitol.

The four-member Senate Subcommittee on Ethical Conduct heard an amended complaint lodged by Republicans after a second felony burglary charge was filed against Mitchell in February.

Mitchell was first charged after her arrest last April for allegedly breaking into the Detroit Lakes home her late father shared with her stepmother to retrieve belongings. Officers responding to the early morning burglary call found her dressed in black in the basement.

The second felony charge was filed in connection with a crowbar allegedly discovered in an egress window.

Mitchell has pleaded not guilty to both charges.

Because the second charge includes new details about the incident, Republican lawmakers argued in an updated complaint and at the meeting Thursday that further investigation and disciplinary action are warranted.

Sen. Karin Housley, R-Stillwater, said Mitchell has used Senate rules and judicial delays to dodge punishment.

“Due process is foundational to this country, but what has happened here is not due process — it’s a manipulation of procedure to prevent both the courts and the Senate from taking action to hold Sen. Mitchell accountable for her actions,” she said.

Mitchell’s trial was to begin Jan. 27 in Detroit Lakes, but a Becker County judge granted a defense motion to delay it until after the Legislature adjourns in May.

Mitchell, who has commented little publicly since her arrest, declined to discuss specifics of her case at the hearing Thursday.

“I’m here to ask the committee to continue to follow Senate custom and delay any decision until after any allegations are completely resolved,” she said.

Mitchell said feedback from her Woodbury constituents indicate they want the case handled after the session closes.

“People are reaching out every day to tell me what’s important to them or how I can help them in some way,” she said.

Mitchell said her district of nearly 87,000 residents is growing and “they have asked me to stay and work for them.”

“They deserve representation,” she said.

Motions to expel Mitchell and launch an investigation failed Thursday in a 2-2 tie along party lines. A motion to delay action until her trial ends passed unanimously.

Republicans alleged in a second complaint that Mitchell violated Senate conflict-of-interest rules when she voted on Jan. 27 on a motion related to her possible expulsion when the chamber was tied 33-33.

Republicans tried to force the expulsion vote over Mitchell’s pending first-degree burglary charge, but DFL Senate President Bobby Joe Champion ruled their motion out of order.

GOP senators appealed, but their challenge failed on a tied vote, with Mitchell joining her fellow Democrats to support Champion’s ruling.

If Mitchell had abstained, the GOP appeal would have prevailed and forced Democrats to vote on whether to expel their colleague.

On Thursday, Sen. Steve Drazkowski, R-Mazeppa, said Mitchell failed to disclose she had a clear conflict of interest before voting on the matter because, as a Senate member, she draws a $51,750 salary, about $10,000 per diem, and health and retirement benefits.

“Members are expected to abstain from votes for which they have a financial interest,” Drazkowski said. “Sen. Mitchell did not disclose her conflict and did not abstain from a procedural vote that stood in the way of the Senate conducting a vote on her expulsion.”

Mitchell responded that she saw no need to declare any financial interests because the vote was procedural.

Ryan Faircloth of the Minnesota Star Tribune contributed to this story.