Sen. Nicole Mitchell, a Woodbury Democrat who was found guilty of first-degree burglary and possession of burglary tools Friday, will resign from the Minnesota Senate by Aug. 4, her attorney said in a statement Monday
The first-term senator will resign no later than Aug. 4 at 5 p.m., once she finishes four tasks: completes outstanding legislative projects, wraps up ongoing constituent services, transitions legislative staff and obtains health insurance for her son, according to the statement from Dane DeKrey, who helped defend Mitchell during the recent five-day trial.
The unusual resignation announcement means Mitchell will continue to represent her constituents for up to two weeks as a convicted felon. It also means that Democrats will lose their one-seat majority in the 34-33 Minnesota Senate until Gov. Tim Walz calls a special election to replace her.
Senate Minority Leader Mark Johnson, R-East Grand Forks, criticized Mitchell’s decision to remain in the Senate for up to two weeks.
“Sen. Mitchell was convicted of two felonies; she doesn’t get to give the Senate two weeks’ notice,” Johnson said in a statement.
A jury convicted Mitchell of felony burglary and possession of burglary tools Friday after a grueling trial that played out like a family drama.
The prosecution successfully argued that Mitchell intended to steal her late father’s possessions from her stepmother when she broke into her Detroit Lakes home on April 22, 2024. The state’s main evidence was that she told police as much during her arrest, and the jury saw the footage of her admissions from police officers’ body-worn cameras.
Mitchell unsuccessfully tried to convince the jury of nine men and three women that she was in the Detroit Lakes home to conduct a welfare check on her stepmother. Mitchell testified in her own defense, and told the jury that her stepmother was struggling with paranoia due to Alzheimer’s disease.
DeKrey on Friday told reporters that Mitchell will likely appeal the verdict.
Mitchell’s sentencing has not been scheduled, but because she has no criminal history her sentence will likely be far less than the maximum sentence of 20 years in prison for burglary and three years for burglary tools.
Senate Majority Leader Erin Murphy, DFL-St. Paul, called on Mitchell to resign for the first time immediately following the announcement of the jury’s verdict.
Mitchell in 2022 won her race by about 17 percentage points, and the district leans heavily Democratic. Whether residents in the district — which includes Woodbury and Maplewood — want to elect another Democrat remains to be seen, given Mitchell’s crimes. Democrats have performed well in special elections during the first and now second terms of President Donald Trump.