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Disagreement over the Senate membership of a Democratic lawmaker arrested for burglary earlier this year bubbled up again Tuesday as legislative leaders prepare for the 2025 session.

During a virtual panel hosted by the law firm Fredrikson and Byron, Republican leaders urged Democrats to remove state Sen. Nicole Mitchell from the chamber and start the session with an even 33-33 split. GOP lawmakers repeatedly called for Mitchell to step down or be removed from the Senate this spring following 

news of the Woodbury legislator’s arrest

 at her stepmother’s home in Detroit Lakes.

The renewed calls come as lawmakers prepare to share custody over the Minnesota House. Democrats hold a one-vote edge in the Senate after a special election in the Twin Cities suburbs.

Hearings and a possible trial in Mitchell’s case could coincide with the early days of the legislative session. A settlement conference is scheduled for Dec. 31.

An attorney representing Mitchell said he didn’t have new information about the case or Mitchell’s position on remaining in office as of Tuesday. The senator has rebuffed previous calls to step down.

Senate Majority Leader Erin Murphy, DFL-St. Paul, 

pulled Mitchell’s committee assignments

 and blocked her from participating in DFL caucus meetings but she argued that Mitchell should be able to continue representing her district in the chamber as proceedings in the case moved forward.

Assistant Senate Minority Leader Jordan Rasmusson, R-Fergus Falls, again made the argument on Tuesday that Mitchell should be removed given the charge against her. He also noted that DFL Gov. Tim Walz, some DFL senators and DFL Party Chair Ken Martin also urged Mitchell to step down following the 2024 legislative session.

“There’s clear public, bipartisan conversation that you know, given the gravity and the seriousness of these charges and the lack of judgment by Sen. Mitchell, and frankly, her inability to represent her constituents without, you know, attending caucus meetings and being on committees,” Rasmusson said. “I think it’s something we need to address early on in session, and I think could set the tenor for some really good bipartisan work going ahead.”

Murphy said it would break with Senate tradition to expel a member before proceedings in the case were completed. And she said Mitchell should get her day in court before lawmakers weigh in.

Related reporting

Sen. Mitchell won't go on trial for burglary charge before start of next legislative session

Minnesota Sen. Mitchell insists she won’t resign as demands for answers about arrest grow

“Sen. Mitchell has been accused and not convicted, and she is going to trial. And the Legislature has never adjudicated ahead of a trial the status of a member, because we are stripping the rights of representation by the voters,” Murphy said.

She urged Republicans not to reignite similar arguments when lawmakers return to St. Paul for the 2025 legislative session.

A motion hearing in Mitchell’s case is scheduled for Jan. 14, the day lawmakers are set to kick off the legislative session.

Martin, the head of the Minnesota DFL Party, said he stands by his call for Mitchell to step down.

“It’s really important for a whole host of reasons, as we go into this legislative session, that that's not a distraction,” Martin said in an MPR News interview Monday. “And unfortunately, if she continues, right in the middle of her trial will be the start of the legislative session. And so but I've been very clear since last spring on my feelings on this haven't changed at all.”

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Sen. Nicole Mitchell has upcoming court hearings in a burglary charge ahead of a trial that would start soon after 2025 Legislature gavels in. She’s resisting calls to step down, and a departure would leave the Senate knotted up.

As session nears, status of a Minnesota lawmaker facing criminal charges remains a flashpoint

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