The Delaware Department of Justice opposes a motion calling for the state to pay a private attorney $550 an hour to represent indicted state Auditor Kathleen Jennings.
The state’s answer filed in Superior Court stated that the law is clear on officials having the opportunity to be represented by the Department of Justice, or in the case of a conflict, the Office of Defense Services (public defender).
The filing also stated that McGuiness is entitled to public counsel at an estimated cost of $100 an hour or hire private counsel at her expense.
According to the filing, McGuiness is described as independently wealthy and has assets that include a home valued at between $2.2 million and $3.7 million. The filing goes on to state that McGuiness hired private counsel more than a month before the indictment.
Last week, through her attorney Steven Wood, McGuiness denied all felony and misdemeanor charges while vowing to remain in office. She was released on $50,000 bail.
State Senate leaders have urged the State Auditor to take a leave of absence. The House and Senate have the power to impeach and remove McGuiness by a two-thirds vote.
McGuiness faces charges that include structuring a vendor relationship in a way that avoided state bidding requirements, surveillance of employees and hiring her daughter, and keeping her on the payroll while attending college out of state.
The McGuiness defense also filed a motion to sanction Delaware Attorney General Kathleen Jennings for comments made when announcing the grand jury indictment of the State Auditor.
A response will be filed, according to state Justice Department spokesman Matt Marshall.
