>> Cathy: THE ARREST OF A STATE SENATOR CHOWS THE DECIDING VOTE IN THE STATE CHAMBER DERAILED SESSION PLANS THIS WEEK AT THE CAPITOL.

D.F.L.

SENATOR NICOLE MITCHELL SAYS SHE WAS NOT RESIGN AND HER ETHICS HEARING IS SCHEDULED FOR MAY 7TH.

>> I MOVE THE RULES COMMITTEE BE COMPELLED BY THE SENATE TO IMMEDIATELY INITIATE DUE PROCESS PROCEEDINGS TO CONSIDER EXPELLING SENATOR NICOLE MITCHELL FROM THE MINNESOTA SENATE.

>> THE ARREST OF SENATOR NICOLE MITCHELL FOR FELONY BURGLARY HAS THE REST OF THE LEGISLATIVE SESSION IN SERIOUS DOUBT WITH A ONE-VOTE MARGIN, WORK IN THE SENATE COULD SCREECH TO A HALT.

>> THIS LEGISLATURE HAS SEEN MEMBERS CHARGED WITH CRIMES, FIFTH DEGREE ASSAULT, CONSPIRACY TO EMBEZZLE.

BY MY COUNT FIVE DRIVING UNDER THE INFLUENCES JUST IN THE LAST FIVE YEARS.

>> MITCHELL WAS A BROADCAST METEOROLOGIST AND AIR NATIONAL GUARD FROM WOODBURY WHO WAS ARRESTED IN DETROIT LAKES INSIDE HER LATE FATHER'S HOME DRESSED IN ALL BLACK WITH A FLASHLIGHT AND BACKPACK IN THE MIDDLE OF THE NIGHT.

SHE LATER POSTED A VERY DIFFERENT ACCOUNT SAYING SHE WAS CHECKING IN ON A RELATIVE WITH ALZHEIMER'S AND PARANOIA.

REPUBLICAN MINORITY LEADER MARK JOHNSON SAYS SHE HAS TO GO.

>> SENATOR MITCHELL IS HAVING AN IMPACT ON BUSINESS OF THE MINNESOTA SENATE.

WE NO LONGER HAVE BILLS ON THE FLOOR AND COMMITTEES ARE -- WE NEED TO GET THIS RESOLVED ASAP.

IT NEEDS TO HAPPEN BEFORE MORE STUFF HAPPENS.

>> CAN SHE VOTE?

SHOULD SHE VOTE?

>> SHE CERTAINLY CAN ON THE FLOOR OR WITH APPROVAL OF THE CAUCUS LEADER.

>> BUT YOU ASKED HER TO RESIGN.

>> I ASKED HER IN MY STATEMENT TO RESIGN, YES.

>> SENATOR FRENTZ POINTED OUT THAT OTHER LAWMAKERS HAVE BEEN ARRESTED, ACCUSED CRIMES, HE DETAILED A NUMBER OF THEM.

OTHERS CALLED THIS UNPRECEDENTED.

WHICH IS IT?

>> WE ARE HUMAN BEINGS AND HUMAN BEINGS MAKE MISTAKES AND THIS IS NOT THE FIRST INCIDENT WHERE SOMEONE HAS RUN AFOUL OF THE LAW.

THE LEGISLATURE HAS A PROCESS TO DEAL WITH THAT IN THE ETHICS COMMITTEE.

SENATOR MITCHELL, JUST LIKE EVERY OTHER MEMBER OF THIS BODY, SHE HAS A DUE PROCESS RIGHT IN THIS BODY.

SHE HAS A DUE PROCESS RIGHT IN COURT.

>> WE WERE HERE BACK IN THE YEAR 2000 WHEN WE REMEMBER A SITTING STATE REPRESENTATIVE WHO WAS ARRESTED WHILE SERVING HERE AT THE CAPITOL.

>> REPRESENTATIVE JIM ROSSBERG RETURNED TO THE CAPITOL.

>> I AM NOT RESIGNING FROM THE OFFICE.

>> YOU MIGHT SAY REPRESENTATIVE ROSSBERG WAS WELCOMED BACK BY HIS COLLEAGUES.

>> OUR FRIEND JIM.

>> SINCE THIS WAS ALSO A FELONY CASE IT MIGHT BE THE BEST CASE STUDY.

THAT LAWMAKER FINISHED SESSION AND DIDN'T RUN AGAIN.

>> THIS IS REAL LIFE POLITICS GOING ON RIGHT BEFORE YOUR EYES.

>> PRIOR TO THAT LAWMAKERS ACTUALLY CARRIED A GET OUT OF JAIL FREE CARD THAT PROVIDED IMMUNITY FROM ARREST, WHICH A REPEAL STRUGGLED TO GET THROUGH THE CAPITOL.

THE SECRETARY OF STATE SOON STOPPED ISSUING THE CARDS AND AT LEAST HALF A DOZEN LAWMAKERS HAVE BEEN ARRESTED SINCE FOR THINGS LIKE TRESPASSING AND NUMEROUS DWIs ON BOTH SIDES OF THE AISLE AND IN BOTH LEGISLATIVE CHAMBERS.

THE DIFFERENCE WITH THE LATEST ARREST IS THE TIE THAT RESULTS FROM THE SENATOR'S ABSENCE.

>> THERE BEING 33 AYES AND 33 NOES THE LUCERO MOTION FAILS.

>> FOR THE NEW SENATE MAJORITY LEADER ERIN MURPHY, IT'S THE CHALLENGE OF HER POLITICAL CAREER.

SHE HAS SERVED AS HOUSE MAJORITY LEADER AND D.F.L.

ENDORSED CANDIDATE FOR GOVERNOR WHO CURRENT GOVERNOR TIM WALZ BEAT IN A PRIMARY.

>> YOU'VE BEEN IN LEADERSHIP BEFORE, YOU RAN FOR GOVERNOR, WHERE DOES THIS STAND IN YOUR CAREER IN THE TESTS YOU FACE COME >> THIS IS A NEW EXPERIENCE FOR ME.

I'LL JUST SAY THAT.

BUT I HAVE A LOT OF FAITH BOTH IN THE PEOPLE OF MINNESOTA IN THEIR CAM POSHAN.

I HAVE A LOT OF FAITH IN MY COLLEAGUES AND THEIR ABILITY TO RECOGNIZE THE TROUBLING NATURE OF THIS SITUATION AND TO COMMIT TO THE WORK OF THE PEOPLE OF MINNESOTA.

>> SENATOR MITCHELL IS THE 34TH VOTE.

SHE'S THE ONE THAT CAN OR CANNOT BE THE DECIDING VOTE ON PASSING A BILL.

>> DO YOU SEE YOURSELF BEING A PSEUDO MAJORITY LEADER?

>> WE'VE HAD SOME INSTANCES LIKE THIS IN THE PAST, I REMEMBER SENATOR FISCHBACH AT THE TIME WAS BUMPED UP TO LIEUTENANT GOVERNOR.

THE REALITY IS MINNESOTANS EXPECT THESE BILLS TO COME ACROSS SOMETHING THAT'S BIPARTISAN THAT WE CAN WORK ON