The Delaware Supreme Court has affirmed the misdemeanor conflict of interest conviction of former state Auditor Kathy McGuiness while overturning her other misdemeanor conviction, remanding that charge for a potential second trial.
In 2022, McGuiness became the first sitting, statewide public office holder to be convicted of criminal charges when a jury found her guilty of conflict of interest and official misconduct, two misdemeanors, tied to her hiring her daughter as a part-time employee in the auditor’s office. A third guilty verdict based on state purchasing rules was tossed by the trial judge after the verdicts.
She was acquitted of a felony theft charge tied to her daughter’s employment as well as felony witness intimidation.
Editor’s Note: Read the full ruling at the bottom of the story.
She appealed the remaining convictions based on a myriad of issues that largely center on an argument that missteps by prosecutors and subsequent rulings by the presiding judge were unconstitutional and rendered her trial unfair.