Minnesota state Sen. Nicole Mitchell, D-Woodbury, listens to closing arguments during the fifth day of her felony burglary trial, Friday, July 18, 2025, at Becker County District Court in Detroit Lakes, Minn. (Anna Paige/The Forum via AP, Pool)

A Minnesota state senator convicted of burglary for breaking into her estranged stepmother’s house plans to resign by early August, her lawyer said Monday.

Democratic state Sen. Nicole Mitchell has faced calls from fellow Minnesota lawmakers for her immediate resignation since her conviction on Friday. The jury deliberated for three hours before finding her guilty of first-degree burglary and possession of burglary tools.

The 51-year-old lawmaker needs two weeks to wrap up her legislative duties and secure health insurance for her son by the time of her Aug. 4 resignation, her lawyer wrote in the statement.

Mitchell represents a Democratic-leaning suburban district east of St. Paul in a closely divided state Senate, where she often cast the deciding vote.

Mitchell’s resignation won’t necessarily leave the Senate closely tied as initially expected. Republicans later Monday announced the death of a GOP lawmaker, state Sen. Bruce Anderson of Buffalo, which means Democrats will continue to hold a narrow majority.

After the verdict, Democratic Senate Majority Leader Erin Murphy had said that Mitchell told colleagues that she planned to resign if convicted, “and I expect her to follow through on that pledge.”

Democratic Gov. Tim Walz told reporters Monday he plans to call a special election to fill Mitchell's seat “as soon as time permits.” He said his goal would be to give candidates time to organize their campaigns and then fill the empty seat before the Legislature reconvenes for its regular session in February. He said the likelihood now appears “relatively slim” that he'll need to call a special session this fall to plug any holes in the state budget resulting from President Donald Trump's federal budget bill.

Senate Republican Leader Mark Johnson released a statement Monday pushing for Mitchell to resign immediately instead of waiting two weeks.

“Senator Mitchell was convicted of two felonies; she doesn’t get to give the Senate two weeks’ notice,” he wrote in a statement Monday. “The only reason Mitchell is still in office is because Democrats needed her vote to pass their agenda and refused to hold her accountable during session.”

Mitchell was arrested on April 22, 2024, and told police that she broke into her stepmother's home because the stepmother refused to give her items like her late father's ashes and other belongings. Mitchell's father and stepmother Carol Mitchell had been married for 40 years.

Later on the stand, the lawmaker backtracked her statement and said she had not intended to take anything and wanted to check on the well-being of her stepmother, who has Alzheimer's disease.

News from © The Associated Press, 2025