Democratic state Sen. Nicole Mitchell of Minnesota said that she will resign after being convicted last week on two felony charges, but not quite yet.
In a statement issued Monday, Mitchell said she would resign by 5 p.m. on Aug. 4, according to Minnesota Public Radio.
Minnesota Republican Party Chair Alex Plechash blasted the plan.
“Nicole Mitchell was convicted of felony burglary last week. Instead of doing the right thing and stepping down immediately, she now plans to stick around for another two weeks — just long enough to collect another taxpayer-funded paycheck,” he said.
Democratic Minnesota State Senator Nicole Mitchell, 51, was found guilty of first-degree burglary & possession of burglary tools on Friday, July 18, after being caught breaking into her estranged stepmother’s home.
Mitchell was found by police dressed in all black at her… pic.twitter.com/GSnHpdrFoM
— True Crime Updates (@TrueCrimeUpdat) July 19, 2025
“Let’s be clear: This is not public service — it’s self-serving. And it’s disgraceful,” he said.
Senate Minority Leader Mark Johnson, a Republican, noted that Mitchell should already have been expelled from the state Senate after her April 22, 2024 arrest.
“Sen. Mitchell was convicted of two felonies; she doesn’t get to give the Senate two weeks’ notice,” Johnson said.
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“Democrats shielded Mitchell for 15 months to protect their political power, but a jury needed just three hours to confirm what was already clear: she shouldn’t be a senator. Not after April 22, 2024. Not in January of 2025. And not today,” he said.
Mitchell’s statement noted that one of her reasons for staying in office after her conviction was to provide health insurance coverage for her son, who is on her insurance, while he looks for new coverage. She also said she wanted her staff to have time to look for work.
The statement also noted that she wants to finish some legislative projects and constituent service issues.
Dane DeKrey, one of Mitchell’s lawyers, said no discussion of resigning took place before last week’s conviction.
“It didn’t make sense for us to do these things in advance because that would essentially be, I think, admitting or thinking you might lose. And so we put our heart and soul into this case and into this trial,” he said. “And now that the results are what they are, she’s pivoted, and she wants to leave her seat in good working order for whoever will fill it next.”
Mitchell was arrested on April 22, 2024, at the home of her stepmother, Carol Mitchell, saying she came to get her dead father’s ashes and other items she claimed her stepmother would not give her, according to Fox News.
During her trial, she said that although she did trespass, she did so to check on her stepmother, who suffers from Alzheimer’s disease.
The convictions for burglary and possession of burglary tools carry a mandatory minimum of 180 days in jail, according to CBS.
Sentencing is scheduled for Sept. 10, per Minnesota Public Radio.
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