Kathleen McGuiness, the Delaware auditor

Kathleen McGuiness, the Delaware auditor

(The Center Square) – While a narrow majority of Delaware’s senators have opted to move forward with proceedings to have an embattled state official removed from office, counterparts in the House have taken a different approach.

Late July, which typically is a sleepy time legislatively, has been uncharacteristically abuzz with activity as Delaware lawmakers consider how to address the status of Auditor of Accounts Kathleen McGuiness.

A Kent County grand jury on July 1 found McGuiness guilty of two felonies and three misdemeanors, stemming from an indictment last October.

Prosecutors in the indictment alleged McGuiness broke multiple conflict-of-interest laws by offering a state contract to a consultant who worked on her campaign and hiring her daughter for a part-time job.

In response to the grand jury ruling, members of the Senate Democratic Caucus presented legislation Monday during a special session. Senate Concurrent Resolution 128, which was designed to begin impeachment proceedings against McGuiness, was adopted 13-7.

House Speaker Pete Schwartzkopf, D-Rehoboth, on the same day released a statement saying his chamber would not act similarly. He likened the Senate’s action to “political theater” and said SCR128 is unnecessary since the legislation calls on Gov. John Carney to remove McGuiness from office.

“It’s important that the public understand that what the Senate is proposing is to start a process where the General Assembly would need to draft rules, give 10 days’ notice and then hold what amounts to a trial,” Schwartzkopf said in the statement. “Afterward, each chamber would need a 2/3 vote to merely ask the governor to remove the auditor.”

Both chambers are majority Democrat, as is the governor.

Early in July, Carney indicated he would not take action on removing McGuiness from office until the judge presiding over the case, Superior Court Judge William Carpenter Jr., enters it as a guilty verdict. The ruling has yet to take place.

McGuiness, in the midst of a reelection bid for state auditor, has asked Carpenter to overrule the grand jury’s verdict and issue a judgment of acquittal in the case.

State Sen. Dave Sokola, D-Newark, the chamber's president pro tempore, said he believed now is the time to begin acting on McGuiness’ removal, given the severity of what has occurred.

“It’s the first time in Delaware history that a statewide elected official has been charged with felonies while in office,” Sokola said. “Keep in mind that these charges stemmed from more than a dozen whistleblowers from her own office, coming forward with their own reports.”

State Sen. Sarah McBride, D-Wilmington, shared similar sentiments, opining the Legislature’s intervention in removing McGuiness “is a difficult task.”

Other legislators had a different take.

“I get very upset when the government starts picking on people, even when they’re political opponents of mine,” said state Sen. Colin Bonini, R-Dover. “We shouldn’t do this. Politics is politics. I didn’t vote for this person. I don’t know her that well. But let me tell you something I do know about her – she was freely and fairly elected, as were all of us.”