Ruling made in Del. State Auditor convictions, calls for resignation renewed

DELAWARE – Controversy continues to swirl around the Delaware State Auditor’s office. As State Auditor Kathy McGuiness continues her run for re-election, calls for her to step down are being renewed.

Convictions Upheld, Retrial Request Denied

Tuesday, a judge upheld two jury convictions against McGuiness for official misconduct and conflict of interest. A third misdemeanor conviction for improperly structuring contract payments to a consulting firm was thrown out. Superior Court Judge William Carpenter Jr. also denied McGuiness’ request for a new trial.

The rulings come after McGuiness was charged in relation to hiring her own college-age daughter as an intern in the State Auditor’s office. In a statement to 47 ABC, McGuiness wrote, “I want to be clear and reiterate, Delaware does not prohibit the hiring of close relatives and the practice is common throughout State government. I do believe it is unfair I am being singled out for what is so common in Delaware.”

Attorney Steve Wood, representing McGuiness, said in his own statement that “McGuiness’s daughter did the same work as the other college interns, was paid the same or less as the other college interns and was not the only college intern who was permitted to work remotely while at school.”

McGuiness went on to write in her own statement that she was disappointed with Judge Carpenter’s recent ruling. “I take this job and the public’s trust seriously. You have seen each of the other charges drop because it became clear the truth, the whole truth, was very different from the narrative the DOJ tried to spin,” she wrote.

Resignation Calls Renewed

Meanwhile, Delaware’s Senate and House Majority leaders are calling for McGuiness to relinquish her seat.

Delaware Senate President Pro Tempore Dave Sokola, Senate Majority Leader Bryan Townsend, and Senate Majority Whip Elizabeth Lockman issued a statement, which reads in part, “Delawareans have had enough. Now that she has been tried and convicted of multiple crimes and her request for a new trial has been denied, Kathy McGuiness owes it to the people of Delaware to do what is right and step down before she is forced out of the elected office that the Attorney General, a jury and a Superior Court judge all agree she used to violate the public’s trust.”

House Majority Leader Valerie Longhurst and House Majority Whip Larry Mitchell echoed that call for McGuiness to step down. In a statement, the pair wrote  “When these criminal allegations, now proven in a court of law, were brought forth, we joined those who called for her to step down. Today, we reiterate our call for her resignation. If she refuses to do so, the Governor is required to remove her from office at the time of sentencing in accordance with the Delaware Constitution. The people of Delaware deserve better.”

Looking Ahead

Governor John Carney’s office tells 47 ABC the Governor’s constitutional requirement to remove any public officer convicted of misbehavior in office will happen when McGuiness is sentenced. “It is difficult to understand how the Auditor can continue to do her job effectively under these circumstances,” the office wrote in a statement.

Judge Carpenter is expected to schedule a sentencing date on the charges soon. Each charge carries a maximum penalty of one year in prison. However, it is presumed that McGuiness will likely end up on probation.

Despite the convictions, McGuiness is on the campaign trail for re-election. A Delaware Senate spokesman tells 47 ABC the only route that would bar her from running would be impeachment. However, the spokesman added that the Delaware House has been unwilling to entertain that option.

McGuiness wrote in her statement to 47 ABC that she will continue on the campaign trail. “I am a public servant doing my best to make a real impact in this state, and the amount of pushback makes me think we’re looking into the right issues and making people in power uncomfortable. I am committed to working for the taxpayer and fighting for accountability over major state programs, and I intend to continue doing just that if taxpayers trust me to do so. The primary is September 13th. Don’t you want someone in office who is willing to put up a fight when it matters?” she wrote.