Sen. Nicole Mitchell burglary case: Prosecutors seek to remove judge

Prosecutors are asking for the removal of the judge just assigned to oversee the burglary case against Minnesota state Senator Nicole Mitchell.

Mitchell (DFL-Woodbury) is accused of breaking into her stepmother's home in Detroit Lakes in April, dressed all in all-black, in the middle of the night. According to the criminal complaint, Mitchell admitted to police she knew she did "something bad" and said she had come to get some of her late father's possessions.

In a post after her arrest, Mitchell claimed she had gone to the home to check on a family member – but her claims don't sync up with statements she made to police after the arrest.

Despite calls for her to step down, Mitchell remains in office as criminal proceedings are underway – even casting some crucial votes for the DFL at the end of the legislative session.

In a filing on Monday, prosecutors requested that Judge Doug Clark be taken off the case.

Attorneys are allowed to request the removal of a judge within seven days of a judge being assigned to the case. Judge Clark was just assigned the case on Friday. It's unclear why the previous judge, Judge Gretchen Thilmony, was taken off the case.

Judge Clark has served on the bench in the Seventh Judicial District since 2018.

However, he has run into trouble over his tenure. Earlier this year, he received a public reprimand from the Minnesota Board of Judicial Standards over his angry tone of voice and "aggressive demeanor" when presiding. The board also criticized his failure to remain impartial and competency as a judge.