Sen. Nicole Mitchell, DFL-Woodbury, will resign her state Senate seat by 5 p.m. on Aug. 4, according to a statement from her attorneys. A Becker County jury found Mitchell guilty of a felony burglary charge and a felony possession of burglary tools charge last week.
In the statement, her attorneys say Mitchell will use the next few weeks to wrap up her legislative work, finish constituent services, find health insurance for her son, and find work for her staff. “It’s not their fault that they are going to have to have new jobs because of a poor decision on her part,” attorney Dane DeKrey told Fargo radio station KFGO.
Senators from both parties called on Mitchell to step down. When she resigns, Democrats and Republicans will each have 33 members in the Senate, creating a temporary tie. Gov. Tim Walz will call for a special election to fill the seat and decide party control of the body.
Mitchell was arrested April 22, 2024, inside her stepmother’s home in Detroit Lakes. During her trial, she testified she was checking on her stepmother who has Alzheimer’s disease, but she told police officers at the scene she was gathering some items of her late father’s.
DeKrey said Mitchell may serve jail time. He said the conviction presumes spending at least six months in jail “which in Minnesota is four months. You do two-thirds of your sentence automatically. There’s no debate about that,” he told KFGO. He added some “Hail Mary” arguments might keep her out of jail.
DeKrey told MPR News no decision on whether to appeal the verdict has been made. She is expected to be sentenced in September.
