By J. Patrick Coolican, Minnesota Reformer
A pair of high-stakes judicial decisions will shape the next few weeks of the already messy Minnesota legislative session, including a delayed special election to determine control of the House, and a delayed criminal trial that threatens to dominate the proceedings of the Senate.
The Minnesota Supreme Court canceled a special election in House District 40B that had been called by Gov. Tim Walz for Jan. 28, ruling that Walz wrongly called for the election on Dec. 27 even though the law required him to wait until until after the beginning of the legislative session on Tuesday.
Walz called the election after Democrat Curtis Johnson resigned the seat when a judge ruled he didn’t live in the district he sought to represent.
The outcome is significant because Republicans currently hold a 1-vote advantage in the House, 67-66, and the special election in the heavily Democratic north metro district is expected to bring the House to 67-67, necessitating a power-sharing agreement.
Democrats have thus far boycotted GOP-led House proceedings in an effort to deny a quorum, which is the minimum number of members that must be present to conduct business. The two sides will make oral arguments at the Supreme Court next week.
The delayed special election will force Democrats to hold out longer, exposing them to attacks from Republicans that they aren’t showing up for work.
Separately, a judge granted state Sen. Nicole Mitchell’s request to delay her criminal trial until after the legislative session. The Woodbury Democrat pleaded not guilty in August after she was charged with felony burglary for allegedly breaking into her stepmother’s Detroit Lakes home in April.
Her lawyers cited a Minnesota law and 2007 appellate ruling stating that legal proceedings involving legislators should be delayed until after the legislative session.
Becker County District Judge Michael Fritz granted the motion, ruling that “if a legislator is forced to stand trial during the legislative session, their constituents would be without a voice during that session.”
Republicans signaled they will turn up the heat on Democrats if they continue to allow Mitchell to vote.
Sen. Mark Johnson, R-East Grand Forks, called Mitchell’s request “an abuse of her status as a senator.” The Republican leader added: “This is not a victimless crime; this delay revictimized those involved, and Senate Republicans will not stand idly by while Sen. Mitchell abuses her position to deny justice.”
The Senate is currently tied 33-33, but a special election Jan. 28 in a northeast Minneapolis district is expected to give Democrats a one-seat majority. The two parties have worked out a power-sharing agreement until then.
Democrats have sought to isolate Mitchell, stripping her of committee assignments and barring her from their caucus meetings. Leading Democrats, including Walz, have encouraged her to resign. Thus far, Senate Democratic leader Sen. Erin Murphy has argued Mitchell deserves due process before the Senate considers expulsion.
The trial delay may have Democrats reconsidering.
Minnesota Reformer is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Minnesota Reformer maintains editorial independence. Contact Editor J. Patrick Coolican for questions: info@minnesotareformer.com.
