jats:titleAbstract</jats:title>jats:pHere, we examine baroclinic instability in the presence of vertical mixing in an idealized setting. Specifically, we use a simple model for vertical mixing of momentum and buoyancy and expand the buoyancy and vorticity in a series for small Rossby numbers. A flow in subinertial mixed layer (SML) balance (see the study by Young in 1994) exhibits a normal mode linear instability, which is studied here using linear stability analysis and numerical simulations. The most unstable modes grow by converting potential energy associated with the basic state into kinetic energy of the growing perturbations. However, unlike the inviscid Eady problem, the dominant energy balance is between the buoyancy flux and the energy dissipated by vertical mixing. Vertical mixing reduces the growth rate and changes the orientation of the most unstable modes with respect to the front. By comparing with numerical simulations, we find that the predicted scale of the most unstable mode matches the simulations for small Rossby numbers while the growth rate and orientation agree for a broader range of parameters. A stability analysis of a basic state in SML balance using the inviscid QG equations shows that the angle of the unstable modes is controlled by the orientation of the SML flow, while stratification associated with an advection/diffusion balance controls the size of growing perturbations for small Ekman numbers and/or large Rossby numbers. These results imply that baroclinic instability can be inhibited by small-scale turbulence when the Ekman number is sufficiently large and might explain the lack of submesoscale eddies in observations and numerical models of the ocean surface mixed layer during summer.</jats:p>