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State Supreme Court weighs in on McGuiness legal questions

Tom Byrne
Delaware Public Media

The Delaware Supreme Court weighs in with an opinion that could influence embattled state auditor Kathy McGuiness’s future in office.

In the opinion, justices said an indictment alone is not enough to seek removal of an elected official from office.

The Court also said a public hearing would have to be held by at least one of the legislative chambers and that the Governor would have no authority to take a lesser action such as a suspension.

Earlier this year, state lawmakers asked the court for the opinion on how to invoke a constitutional measure that would allow them to ask the governor to remove a public official from office.

The move was sparked by disagreement between the House and Senate over how to proceed with Auditor Kathy McGuiness who has pleaded not guilty to multiple criminal charges and has refused to step down.

Her trial is set for May.

Senate leadership did not respond to requests for comment. A spokesman for House leadership said they’ll comment at the appropriate time if and when the General Assembly takes any steps regarding this situation.

Rebecca Baer comes Delaware Public Media from The Florida Channel in Tallahassee where she covered state government and produced documentary features for the series, Florida Crossroads.