Senate Republicans file new ethics complaint, allege conflict of interest after Senator Mitchell blocked expulsion vote

Senate Republican leaders filed an amended ethics complaint and a separate conflict-of-interest complaint on behalf of their caucus against Senator Nicole Mitchell, saying she cast a deciding procedural vote on Jan. 27 that blocked an expulsion vote and pointing to a newly filed second felony charge in the criminal case.

Senate Republican Leader Mark Johnson said at a news conference that the caucus is adding a conflict-of-interest charge focused on a procedural vote Mitchell cast that, Republicans contend, prevented the Senate from voting on her expulsion. "How can a member cast a vote that determines their long term ability to be in the Senate?" Johnson asked. "We believe this is a clear violation of the conflict of interest rules that the Senate holds to."

The updated ethics filing also amends an earlier complaint filed after Mitchell's April 2024 arrest, adding details from a second charging document that Republicans say allege additional conduct. "As it stands today, the facts are stunning," Senator Lucero said, summarizing the new charging document and recounting details that the filing attributes to law enforcement, including that Mitchell was found in a basement bathroom and that a crowbar was located near a broken window. Lucero added that prosecutors have charged Mitchell with first-degree burglary and with possession of burglary or theft tools.

Senator Steve Drazkowski, who described the new conflict-of-interest complaint in detail, told reporters that Senate rules and Minnesota law require members to abstain from votes in which they have a personal or financial interest. "Senator Mitchell did not disclose her conflict and did not abstain from a procedural vote that stood in the way of a vote on her expulsion," Drazkowski said. He added that Republicans view that vote as the deciding vote that prevented the expulsion question from coming before the full Senate on Jan. 27.

Republicans asked the Senate Subcommittee on Ethical Conduct to move immediately and to prevent Mitchell from participating in votes related to her political future while the subcommittee considers the complaint. Johnson said the subcommittee is required to meet within 30 days of a complaint being filed.

At the briefing, Republican speakers outlined their concerns about a statute they say allowed Mitchell to delay her criminal trial until after the legislative session. "A delay was subsequently granted, and Senator Mitchell's trial is now scheduled for June of this year," Lucero said. Johnson and others argued that the effect has been to postpone both the criminal proceeding and the subcommittee's ability to act on earlier complaints.

Republican leaders said they are also refiling the earlier complaint, amended with the new charging documents, and that the conflict-of-interest complaint is a separate, newly filed matter. "We've got a growing body of evidence," Johnson said. "We have two felony charges here, the new felony charge. We also have two ethics complaints."

When asked whether the Minnesota law that allows legislators to delay trials should be changed, Johnson said the caucus believes it should be examined. "This is a felony level crime. I don't think the law is anticipating felony level crimes being committed and then you've been able to serve or using that law to continue your service until the end of a session," he said.

Speakers emphasized that the ethics process is separate from the criminal case. "This complaint stands separate from her criminal case and independent of other ethics complaints before us today," Drazkowski said. "It doesn't need to wait for her criminal trial to conclude to be decided."

Reporters at the briefing asked whether Republicans have spoken directly with Mitchell or with Democrats who have called on her to resign; Johnson said they have had discussions with some Democrats but that the caucus so far has not secured action to remove her. The Republican leaders said they will bring motions to hold Mitchell accountable but acknowledged the party-line balance in the Senate will affect whether those measures can pass.

The filings ask the subcommittee to consider disciplinary action and to bar Mitchell from participating in votes related to her status while the ethics process proceeds. The subcommittee is expected to determine next steps after the complaints are formally received.