Minnesota Senate Republicans to file second ethics complaint against DFL Sen. Nicole Mitchell

Minnesota Senate Republicans announced Tuesday they would file another ethics complaint against DFL Sen. Nicole Mitchell, saying she violated conflict-of-interest rules when she voted in late January on a motion related to her own possible expulsion.

Republicans tried to compel a vote to expel Mitchell from the Senate on Jan. 27 over her pending first-degree burglary charge, but DFL Senate President Bobby Joe Champion ruled their motion out of order. GOP senators then appealed Champion’s ruling, and their challenge failed on a tied vote. Mitchell joined her fellow Democrats in supporting Champion’s ruling that a motion to expel her was out of order.

Had Mitchell abstained, the GOP appeal of Champion’s ruling would have prevailed and forced Democratic senators to vote on whether to expel their colleague from Woodbury.

“Many have rightly asked, ‘How can a member cast a vote that determines their long-term ability to be in the Senate?’” Senate Minority Leader Mark Johnson, R-East Grand Forks, said during a Capitol news conference Tuesday. “We believe this is a clear violation of the conflict-of-interest rules that the Senate holds to.”

Republicans said Mitchell violated a rule that states “members of the Senate shall disclose potential conflicts of interest in the discharge of senatorial duties.” They argue Mitchell’s financial interests were also at stake when she participated in the January procedural vote.

“Any vote to expel her from the Senate would result in the loss of her employment as a senator, and would immediately end access to the salary and benefits afforded to a legislator,” said Sen. Steve Drazkowski, R-Mazeppa.

The Senate’s Subcommittee on Ethical Conduct is required to review new complaints within 30 days of filing.

Senate Majority Leader Erin Murphy, DFL-St. Paul, said in a statement Tuesday that Mitchell “is owed due process.”

“That includes the adjudication of her case in court, and the consideration of ethics in the Senate,” Murphy said. “The subcommittee on ethics will continue to play its role in due time. Our caucus remains focused on the work of passing a balanced budget and using our time this session to improve the lives of Minnesotans.”

GOP senators said they also updated their first ethics complaint against Mitchell, which was filed last year, to reflect a newly added second felony charge. Becker County prosecutors charged Mitchell with possession of burglary or theft tools last week. The charge carries a possible sentence of up to three years in prison, a $5,000 fine or both.

Last April, Mitchell allegedly broke into the Detroit Lakes home that her late father shared with her stepmother to retrieve belongings. Officers responding to the burglary call around 4:45 a.m. found Mitchell dressed in black in the basement of the home. The second felony charge filed last week involves a crowbar that was allegedly discovered in an egress window.

Mitchell pleaded not guilty to the first-degree burglary charge. Her trial has been postponed until after the legislative session ends May 19.

The Senate ethics subcommittee met briefly last year to consider the GOP’s first complaint against Mitchell. The subcommittee agreed to wait until after the resolution of Mitchell’s criminal case to take action.

Janet Moore of the Minnesota Star Tribune contributed to this story.