The Democratic side of the Minnesota House chamber was empty for a second straight day Wednesday, Jan. 15, 2025, in St. Paul, Minn., as Democrats continued their boycott in a power struggle with Republicans. (AP Photo/Steve Karnowski)

In the wake of a lawsuit challenging the Minnesota House Republicans’  power grab, the GOP has hired the law firm that employs the GOP floor leader. 

Democratic-Farmer-Labor members of the Minnesota House of Representatives filed a lawsuit on Wednesday, accusing their Republican colleagues of usurping power in an “unlawful, unconstitutional sham session.” Republicans refused to agree to a power-sharing agreement with the DFL while the body waits for its final seat to be filled in a special election on Jan. 28.

Instead, the GOP defied a court ruling and, after an adjournment from Secretary of State Steve Simon (D), elected its Rep. Lisa Demuth (R-Cold Spring) as speaker on Tuesday despite not having the required 68 members to have quorum. All members of the DFL have been boycotting the chamber in protest of the power grab. 

In response to the lawsuit, Republicans in the (currently legally dubious) House Rules and Legislative Administration Committee adopted Resolution R11. The resolution called for the lawmakers to hire three attorneys from the Cross Castle law firm. The meeting was held by Vice Chair Elliott Engen (R-White Bear Township) on Wednesday. 

“We need to have some outside counsel that represents us as a House after we swore in and began the legislative business that we were elected to do,” Engen said. “And there are two separate lawsuits that are going to be trying to thwart that and so we to move that this resolution allows us to defend ourselves in these legal matters.” 

Committee Chair Harry Niska (R-Ramsey), who also serves (again: dubiously) as the majority leader for the House Republicans, did not participate in the resolution vote because he is also a partner at the Cross Castle law firm. Niska claimed to have no “private interest” in the resolution.

“The individuals that we’re inserting into this, and we’re considering retaining are colleagues of mine in my law practice outside the legislature. I don’t have a private interest in this resolution,” Niska told the committee before recusing himself from the vote.

DFL floor leader Jamie Long was heavily critical of the move in a statement released on Wednesday, claiming Cross Castle’s involvement “creates a significant conflict of interest.”

“Minnesotans should be outraged that Rep. Niska is using an illegitimate power grab to enrich himself with taxpayer dollars,” Long said. “It’s bad enough that Republicans are threatening to unseat a duly elected representative and have conducted an unlawful, sham organization of the House. The House GOP should immediately stop any taxpayer dollars going to pay for private counsel to defend their illegal conduct, let alone taxpayer dollars to pad the pockets of Rep. Niska.”

Long also criticized Niska appointing Engen as acting chair. 

“Rep. Niska was the one who called the meeting and brought the proposal. It’s no secret who’s responsible for making these decisions among the GOP and who stands to benefit financially,” Rep. Long added. “The outcry from Republicans and the press if Democrats did this would be deafening.”

Niska did not respond to a Heartland Signal request to comment on Long’s statement. 

The Minnesota House of Representatives currently has a 67-66 split, pending the outcome of a special election likely to add one Democratic member to the chamber. Sixty-eight seats are required to not only hold quorum but also hold a governing majority to pass legislation. However, the Minnesota Constitution says, “a smaller number may adjourn from day to day and compel the attendance of absent members in the manner and under the penalties it may provide.”

A special election on Jan. 28 will be held because former Representative-elect Curtis Johnson did not meet residency requirements for his district prior to the November election. The special election will likely end the GOP’s slim majority since Johnson won his district by 30.8 percentage points. 

On Thursday, Gov. Tim Walz (DFL) urged the GOP to reach a power-sharing agreement like the state Senate did on Monday. He cited his electoral loss as Kamala Harris’ vice-presidential candidate last November as an example of conceding to election results.