(KSTP-TV) – State Sen. Nicole Mitchell, DFL-Woodbury, is asking a judge to put her criminal trial on hold until after the legislative session.

Mitchell is charged with one count of first-degree burglary in connection with an alleged break-in at her stepmother’s Detroit Lakes home in April. Jury selection in that case is set to begin on Jan. 27, nearly two weeks into the 2025 legislative session, which kicks off on Tuesday.

In a motion filed on Friday in Becker County District Court, Mitchell’s defense attorney asked the judge presiding over the case to delay the trial until “the first available date after May 19, 2025,” the deadline for lawmakers to wrap up business at the Capitol.

The filing cited a 2007 appeals court decision ruling that state law “authorizes the postponement of a judicial or quasi-judicial proceeding in which a legislator is involved as a party, attorney, or witness while the legislature is in session.”

Mitchell also requested to attend a hearing scheduled for Tuesday remotely.

Republican Minnesota State Senator Carla Nelson today issued the following statement:

“I am reminded of the old legal maxim: ‘justice delayed is justice denied.’ Postponing Senator Mitchell’s trial until after session would be a significant misalignment of priorities, which should be first and foremost justice for the victim of this crime. Senator Mitchell’s constituents, the Minnesota Senate, and most importantly, Senator Mitchell’s victim deserve a speedy resolution to this case.  

“Senator Mitchell continues to cast votes while facing a serious accusation of felony burglary. This has eroded trust in the institution, and it should be resolved as soon as possible.  

“Decisive action is not only warranted; justice requires it.” 

Republican Senate Leader Mark Johnson criticized Mitchell’s request to delay her trial, saying in a statement that the motion “delays justice for her victim and further delays an orderly Senate session as she continues to bring the reputation of the Senate into disrepute.”

Johnson also reiterated his call to strip Mitchell of her vote and expel her from the Senate.