A Becker County District Court judge has approved a motion by attorneys for Sen. Nicole Mitchell, DFL-Woodbury, to delay her criminal trial until after the legislative session.

Judge Michael D. Fritz issued his ruling today. “There is no question here that Minn. Stat. § 3.16 creates a privilege for members of the Legislature,” the judge wrote in a memorandum attached to his order. The statute allows lawmakers to postpone not only trials but any type of hearing in a civil or criminal proceeding until the Legislature has adjourned, he wrote.

“The breadth of the statute identifies that the Legislature was deeply concerned with making sure court proceedings would not threaten the functions of the legislative branch while in session,” Fritz added.

The judge said the proposed length of delay is not unreasonable. “The Defendant requests to try this case after the legislative session concludes in May 2025. That is not an excessively long delay for a felony case which is less than a year old. This is also the first request for a continuance in this matter. This case has not been unduly delayed or prolonged.”

In addition, Mitchell’s desire to represent her constituents during the legislative session is a legitimate reason to request a delay, Fritz wrote.

Mitchell was arrested in April after allegedly breaking into her stepmother’s house in Detroit Lakes. According to the criminal complaint, Mitchell told the victim she was trying to retrieve a few items of her late father’s since “you wouldn’t talk to me anymore.” Mitchell, a first-term lawmaker, has called the incident a misunderstanding and has withstood several calls for her to resign her Senate seat.

Mitchell’s trial had been scheduled to begin Jan. 27.