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A primary role of the state is for legislators to pass laws to protect the rights of the weak and vulnerable from abuse by the strong and powerful. These laws become the mechanism by which the ethics of our society are officially enforced and are the moral basis upon which the state and social contract with the people stand. Our elected leaders are expected to demonstrate these ethics by being held to the highest standards of conduct. Sadly, the social contract in Minnesota is being deliberately frayed to serve partisan interests.
The last year has revealed a hypocritical double standard regarding the conduct accepted from Minnesota’s elected leaders. In April 2024, the Minnesota Senate faced the ethical challenge of how to respond to the arrest of Sen. Nicole Mitchell, DFL-Woodbury, who was accused of breaking into her elderly stepmother’s home, dressed as a cat burglar, with the intent of stealing property that no court had ruled she was entitled to. Despite Mitchell’s being caught in the act, Democratic members of the Senate rallied around their comrade, arguing that she should continue to have the privilege of representing Woodbury in the Senate until her crime was adjudicated. Attempts by Republicans to hold their colleague to the higher standard Minnesotans deserve by expelling Mitchell for her unethical conduct were blocked by Democrats unwilling to give up their slim Senate majority. Democrats breached the social contract.
Last week, Sen. Justin Eichorn, R-Grand Rapids, was arrested on charges of soliciting sex with a minor. As with Mitchell, Eichorn was — from an observer’s standpoint — caught in the act. Unlike DFLer Mitchell’s case, Eichorn’s fellow Republicans acted immediately to expel him from the body, a vote Democrats agreed to support had not Eichorn resigned first. Republicans were quite willing to do the right thing for the people of Minnesota even if it reduced their power in the Senate. Democrats dropped the argument about respecting the right of due process they invoked on behalf of Sen. Mitchell and were quite willing to support removal of the Republican Eichorn. The social contract was upheld vis-a-vis Eichorn. By continuing their refusal to remove Mitchell, however, Democrats continue to violate the social contract.
As a former guardian/conservator for an elderly relative, I am very familiar with the legal processes surrounding issues of family heirlooms when the rights of a vulnerable adult are involved. An attorney like Mitchell, working in a body full of lawyers, would have known the proper process to address her conflict with her stepmother.
As we saw with Eichorn’s arrest, the right of due process invoked by Democrats on Mitchell’s behalf does not constitute the right to continue serving as a senator when facing a felony charge. Given the concerns about elder abuse in Minnesota reported by the Star Tribune over the past few years, it is beyond troubling to think that someone like Mitchell remains in a position to vote on policies that should be protecting vulnerable adults. That her fellow Democrats see no problem with her remaining in the Senate raises serious concerns for the rights of the elderly in Minnesota. The same concern extends to other vulnerable populations. Will we see the same response from Democrats when one of their members runs afoul with the police over an underaged minor?
The double standard speaks volumes about a fundamental difference between the ethics of the parties. Republicans put ethical standards and their duty to do right by the people of Minnesota above access to power. The Democrats place partisan power over ethics in continuing to support the accused felon in their midst. The social contract dies if voters fail to hold leaders accountable for their ethical obligations. Voters should have no difficulty distinguishing which party is acting in the best interest of Minnesotans. It’s time for Minnesotans to do the right thing.
