The previous complaint was updated to reflect two felony charges against her for April 2024 arrest
Today Senate Republicans held a press conference to announce two developments in their pursuit to restore integrity to the Senate and remove Sen. Mitchell from office.
“Since her arrest last April, Senate Republicans have been clear: Sen. Mitchell’s actions have damaged the integrity of the Senate and distracted from the important work we need to do. Unfortunately, Senate Democrats have shielded Sen. Mitchell from serious consequences to advance their agenda, avoid bipartisanship, and even allowed the Senate to become complicit in a legal strategy that delays both justice for the victim and holds the Senator accountable for her actions,” Senate Republican Leader Mark Johnson (East Grand Forks) said. “Today we have updated our current ethics compliant to reflect the second felony charge, and we are filing a new complaint for violating the conflict-of-interest laws by casting the deciding vote on a motion last month.”
Senate Republicans also presented a new ethics complaint against Sen. Mitchell, citing her vote on a floor motion on January 27, 2025 as a direct conflict of interest according to Senate Rule 56.4 which states, “Members of the Senate shall disclose potential conflicts of interest in the discharge of senatorial duties as provided in Minnesota Statues section 10A.07.” State law stipulates that if a legislator is required to act or decide on a matter that “would substantially affect the official’s financial interests” they must notify the presiding officer of the conflict.
“Our contention is simple – Senator Mitchell has a conflict of interest in any vote related to her political future. 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,” Sen. Steve Drazkowski (R-Mazeppa) said. “Members are expected to abstain from votes for which they have a 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. Senator Mitchell had 10 months to contemplate her conflict on this vote. She was reminded of it on the floor prior to voting. She voted anyway. Senator Mitchell deliberately and defiantly violated the rules of ethical conduct of the Minnesota Senate. Her vote was the deciding vote that prevented the expulsion vote from occurring.”
The vote in question was to appeal the ruling of Senate President Bobby Joe Champion, who had determined a motion to expel Sen. Mitchell was out of order. Sen. Mitchell cast the deciding vote that tied the senate 33-33, causing the appeal to fail and the motion to expel was not in order. Sen. Mitchell did not provide in writing or make a statement on the floor that she would abstain from the vote even though the outcome of the vote would substantially affect her own financial interests as she continues to receive full pay, per diem, and benefits as a senator.
They also explained they have updated an existing ethics complaint against Sen. Mitchell to include the second felony charge that prosecutors filed last week for possession of tools used in a burglary or theft. This is in addition to the original felony charge for burglary. Sen. Mitchell was arrested in Detroit Lakes in her stepmothers’ basement on April 22, 2024.
Senator Mitchell, last spring, was able to persuade the Ethics Subcommittee to delay a decision while her criminal trial proceeded. Throughout last summer and fall, Senator Mitchell’s defense team exchanged filings and motions with prosecutors. The defense team requested a delay due to a scheduling conflict. The defense team stipulated evidence and exchanged witness and evidence lists. The filings dragged on until the court case was docketed for January of 2025,” Sen. Eric Lucero (R-St. Michael) said. “It wasn’t until January 10 of 2025, just days before the 2025 legislative session would begin, when Senator Mitchell’s legal team chose to assert MN Statute 3.16, which allows legislators to delay trials until after session. A delay was subsequently granted and Senator Mitchell’s trial is now scheduled for June of this year. As a result, Senator Mitchell chose to abuse the process to first, delay the Ethics Subcommittee from considering any information, then, turning right around, and use her Senate position to delay her criminal trial. These delays fail to remove the cloud from the Minnesota Senate and fail to deliver justice for the real victim in all of this, Carol Mitchell.”
The complaints will be filed this week with Senate President Champion, and the Subcommittee on Ethical Conduct must meet to review them within 30 days of filing.