GOP state Sen. Justin Eichorn resigns, makes first court appearance on underage prostitution charge

Republican Justin Eichorn resigned from the Minnesota Senate on Thursday and made his first appearance in federal court since his arrest in an underage prostitution sting.

Eichorn submitted his letter of resignation less than an hour before the Minnesota Senate was set to take an unprecedented vote to expel him from the chamber.

Minnesota Senate Secretary Tom Bottern read Eichorn's resignation letter on the Senate floor.

"I must focus on personal matters at this time," Eichorn's message said. "It has been an honor to serve in the Minnesota Senate."

The 40-year-old husband and father of four from Grand Rapids was charged Wednesday in U.S. District Court with attempted coercion and enticement of a minor. Eichorn is accused of soliciting prostitution from a Bloomington police detective posing as a 17-year-old girl.

He was released from the Hennepin County jail to federal officials just before 11 a.m. Thursday, and arrived in court in the early afternoon.

Eichorn entered the courtroom under guard and wearing a black polo shirt and blue jeans. He was represented by a federal public defender but told the court he intends to retain private counsel.

Judge Shannon Elkins ordered that Eichorn be released to a halfway house, but that he remain jailed until a bed is available. Conditions included a prohibition on contact with unaccompanied minors and a restriction on leaving the state. Eichorn did not speak other than to confirm he understood the charges against him and the conditions of his release.

His next preliminary hearing is scheduled for Wednesday.

Eichorn would face a minimum 10-year sentence if he's convicted of attempted coercion and enticement of a minor.

Upon his resignation from the Senate, Eichorn was also removed from his role as chair of the Iron Range Resources and Rehabilitation Board. The board consists of state senators and representatives.

Eichorn had just recently been elected chair of the IRRRB, which works on community revitalization and economic development in northeastern Minnesota. It's a coveted role on the Iron Range and the board will hold a special meeting to reorganize and elect a new chair.

Eichorn's fellow senators were prepared to expel him before he resigned Thursday. Senate Republicans had planned to bring forward the motion to expel Eichorn, and DFLers said they would join them in the vote.

"There is a line in the sand," said Senate Minority Leader Mark Johnson, R-East Grand Forks. "If you're accused with a felony, I think that's serious enough — our law has distinguished that as a very serious crime. This clearly is a very serious crime, and so we are going to do the right thing as a caucus and we move forward in a very decisive way."

With Eichorn's resignation, Democrats will hold a two-seat edge in the Senate until a special election is held to fill his seat. No date has been set yet for that election.

Senate Majority Leader Erin Murphy, DFL-St. Paul, said, "Republicans and Democrats came together to recognize the threat of [Eichorn's] predatory behavior, and we were ready to act."

Murphy said Eichorn's alleged behavior would have put Senate interns at risk.

"It is hard to conceive of a way that Mr. Eichorn could have returned to this Capitol to operate in any way other than putting others at risk," Murphy said.

According to criminal complaints, Eichorn responded to an online ad placed by police as part of an undercover operation. Police said he inquired about rates and availability for sex.

Authorities said Eichorn arrived Monday evening near the 8300 block of Normandale Boulevard expecting to meet an underage girl and was instead arrested by Bloomington police. Officers searched his pickup truck and seized two cellphones, a condom and $129 in cash.

Voices from across the political spectrum quickly called for Eichorn's resignation after his arrest, including Johnson and Gov. Tim Walz.

"You cannot prey on children and expect to get away with it," Walz said.

The planned vote to expel Eichorn would have been unprecedented — no Minnesota legislator has been forced out in modern history. Lawmakers have typically resigned first, as Eichorn did.

In 2017, then-Sen. Dan Schoen, DFL-St. Paul Park, stepped down rather than face an ethics investigation over accusations of sexual harassment. Then-Rep. Tony Cornish, R-Vernon Center, resigned the same day after multiple lobbyists reported he had repeatedly propositioned them for sex.

Eichorn is the second Minnesota state senator to face felony charges in the past year. Sen. Nicole Mitchell, DFL-Woodbury, is charged with two felonies in connection with breaking into her late father's Detroit Lakes home last year. She's pleaded not guilty to first-degree burglary and possession of burglary or theft tools.

Senate Republicans attempted to compel a vote to expel Mitchell over the burglary charge in January, but Democrats ruled the motion out of order, arguing she deserves due process.

Asked Thursday why Democrats were ready to expel Eichorn but not Mitchell, Murphy said the difference between the two cases is "night and day."

"It is largely a family situation," Murphy said of Mitchell's case. "She was allegedly in the home of her father to retrieve ashes. … She will have her day in court. She doesn't pose a risk."

Louis Krauss, Paul Walsh and Kim Hyatt of the Minnesota Star Tribune contributed to this story.