ST. PAUL, Minn. (AP) — A Republican effort to expedite an ethics investigation into a Democratic Minnesota state senator facing a burglary charge failed in a tie vote Wednesday.
Sen. Nicole Mitchell was absent as the Senate met for the first time since her arrest early Monday at her estranged stepmother’s home in Detroit Lakes. Mitchell told police she broke into the northwestern Minnesota home because her stepmother refused to give her items of sentimental value belonging to her late father, including his ashes, according to a criminal complaint.
Mitchell was charged with first-degree burglary on Tuesday and released after serving a day in jail.
Mitchell’s arrest has complicated the remainder of the 2024 legislative session because Democrats only have a one-seat majority in the Senate. Republican Senate Minority Leader Mark Johnson of East Grand Forks, who has called on Mitchell to resign, said several major bills in the pipeline will likely depend on her vote.
“How can Minnesotans trust that?” he asked during the floor debate.
Democratic Majority Leader Erin Murphy of St. Paul told reporters that Mitchell, who is from Woodbury, will be allowed to vote remotely as the legislative and legal process plays out. However, due to the unrest, Democratic leaders have shelved several bills that required basic votes on Wednesday and Thursday.
Her lawyer said Mitchell’s dispute with her stepmother stemmed from a “fractured relationship” between the two, which was exacerbated by age-related issues. In a Facebook post, Mitchell denied the theft. Her lawyer has advised her not to resign.
Senate Republicans filed an ethics complaint against Mitchell before the Senate convened Wednesday, then forced a vote on a motion to immediately launch an investigation and consider her expulsion. Under normal Senate rules, it could take as early as 30 days to get the process underway, which would delay any action until after the legislative session, which is due to end on May 20.
“Senators must be held to the highest standard of ethical conduct,” Republican Sen. Eric Lucero of St. Michael told his colleagues. “Public trust has been violated. We must quickly investigate this serious allegation to ensure that the integrity of this institution and the state of Minnesota is upheld.”
The ethics complaint quotes extensively from Mitchell’s charging papers, including her comment to the arresting officer: “I know I did something bad.”
But Democratic Sen. Nick Frentz of North Mankato told them Mitchell is entitled to a fair trial and the presumption of innocence. He said other lawmakers accused of crimes in recent years were allowed to go through the legal process.
Mitchell’s desk was empty for the debate, which ended in a 33-33 vote.
Murphy said no timeline has yet been set for considering the GOP ethics complaint.
But the process is designed to be difficult. The Senate ethics panel consists of two Democrats and two Republicans, and any vote to expel a senator requires a two-thirds majority.
Murphy told reporters that she had only spoken to Mitchell briefly shortly after her release from prison on Monday. She said they focused on her well-being and her children.
“This is clearly a very difficult and challenging situation for this institution,” Murphy said. “Senator Mitchell will have to have some difficult conversations with her family, with the people who sent her here to represent them, and with her colleagues.”
