The only statewide-elected official in Delaware’s history to be accused and convicted of crimes while in office avoided a prison sentence on Wednesday.
Delaware Auditor Kathy McGuiness was sentenced to a year of probation, 500 hours of community service, and a $10,000 fine for her misdemeanor conflict of interest and official misconduct convictions, guilty verdicts that stemmed from her hiring her daughter to work in the auditor’s office.
The Rehoboth Democrat was found guilty of the crimes by a jury in July after a multi-week trial that also saw her acquitted of felony theft charges related to her daughter’s employment as well as felony intimidation charges in which prosecutors said she spied on employee emails and sought to intimidate whistleblowers.
McGuiness was also later acquitted of a misdemeanor based on how a state contract with a campaign and issues consultant was paid through her office.
Prosecutors had asked the judge to sentence McGuiness to 30 days in prison based on her lack of remorse. McGuiness’ attorney argued that a $1,000 fine was sufficient punishment.
Since her guilty verdicts, McGuiness has presented an unabashed face, claiming that hiring her daughter, who worked as a part-time employee and continued to be paid while she was enrolled in an out-of-state college, was not illegal.
As she ran for a second term as auditor, a position that is elected statewide and is meant to be a fiscal watchdog over state and school district spending, McGuiness pointed fingers at state lawmakers whose children have been employed by the General Assembly.
She lost that bid in the September Democratic primary and her term expires at the end of the year.
A push by Democrats in the state legislature to remove McGuiness was rebuffed largely due to a legislative bottleneck created by House Speaker Peter C. Schwartzkopf, a Democrat and longtime ally of McGuiness.
Carney’s office had said he could not have removed McGuiness from office until her sentencing. During Wednesday’s hearing, her attorney, Steve Wood, said that McGuiness resigned her office on Tuesday, effective Nov. 4.
This is a breaking news story. Check back for more details.
McGuiness Case Coverage:
Politicians Punt:How a push to remove McGuiness stalled
Trial Coverage: Why the state auditor’s daughter took the stand in ongoing public corruption trial
The Verdict:Jury returns verdict in Delaware Auditor Kathy McGuiness criminal corruption case
One Guilty Verdict Tossed: State auditor has two criminal guilty verdicts upheld, one tossed ahead of election
