Del. Legislative Leaders Announce Formal Review Of Constitutional Powers Regarding Auditor Case


Leaders of the Delaware General Assembly have announced a plan for a formal review of its powers and procedures under two Articles of the Delaware Constitution regarding cause for removal of a public official.

The Senate and House last week passed different concurrent resolutions asking for an advisory opinion from the Delaware Supreme Court. Now, the plan is for House and Senate Leadership, with assistance of Judiciary Committee members, to prepare findings and recommendations under guidance of former Supreme Court Justice Randy Holland.

Holland has offered his services pro bono. The findings would be in place before lawmakers return to session in January.

Members of the Democratic leadership continue to ask State Auditor Kathy McGuiness to take a voluntary leave of absence following her indictment last month. McGuiness has rejected those requests through her attorney and maintains she is innocent.

A special session that had been scheduled for this afternoon (Tuesday) by Senate President Pro Tempore David Sokola, D-Newark to consider the House Concurrent Resolution has now been canceled.

“While neither resolution received a final vote, what became abundantly clear on Nov. 1 was that Democratic legislators overwhelmingly agree we need to quickly come to an understanding of the Constitutional options at our disposal and how removal proceedings might work across both chambers,” Sokola said. “The solution we are announcing today will put us in a position to act appropriately when the legislature returns in January.”

 “Justice Holland has an impeccable reputation and his record of service on the Delaware Supreme Court is without compare. I thank him for graciously agreeing to assist us in this matter,” House Speaker Pete Schwartzkopf, D-Rehoboth Beach said. “No one knows more about the Delaware Constitution and its interpretation than Justice Holland and I have full faith in his ability to provide us with the best possible legal analysis and advice when it comes to this unprecedented issue.” 

The pertinent questions concern:

Article III, Section 13

Article VI, Section 1

For WGMD’s previous story on the indictment of Kathy McGuiness, please CLICK HERE