By Nancy Willig
To maintain public confidence in Delaware state government, Governor Carney needs to call the General Assembly into “special session” to initiate the impeachment process of State Auditor Kathy McGuiness for her three misdemeanor convictions while in office.
Delaware Constitution, Title VI, Impeachment and Treason:
§ 1. The House of Representatives shall have the sole power of impeaching; but two-thirds of all the members must concur in an impeachment.”
§ 2. The Governor and all other civil officers under this State shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office.”
Although the General Assembly’s session ended on June 30, 2022, the governor has the power to convene a “special session” of the General Assembly to deal with the state auditor’s conviction: that is, removal from office. Moreover, the misdemeanor convictions in office would certainly qualify as an “extraordinary occasion,” justifying calling a special session.
Delaware Constitution, Article III, Executive
§ 16.Special Sessions of General Assembly
“He or she [Governor] may on extraordinary occasions convene the General Assembly by proclamation…”
Once the General Assembly is called into special session, it is the responsibility for the House of Representatives to take the next step in the impeachment process. If the House votes in the affirmative, a trial takes place in the Senate. The House impeachment could go in one of two directions – go to trial in the Senate, or not. The General Assembly gets its opportunity to speak for the people, but not before the governor acts via calling a special session.
The governor’s July 5, 2022 statement, however, wants us to believe that his hands are tied until the auditor’s convictions are upheld. He can do something today by calling the special session, which is his best option, and incidentally takes him off the hook by allowing the people, via the General Assembly, have a say through the impeachment process.
Inaction by the governor is more than an embarrassment, is more than ignoring accountability, and is more than passing the buck. It is, in fact, a violation of his duty, as described in the Delaware Constitution, Oath of Office, and the Delaware Code.
All elected officials, and especially the governor, need to take the Oath of Office seriously, and abide by the laws of Delaware. Ignoring official responsibility, as dictated by statute, not only demonstrates a lack of official responsibility, but may in itself be subject to violations.
The Oath of Office is clear by stating “to place the public interests above any special or personal interests.” To many Delawareans the “special or personal interests” appear more like “political interests,” when public interests are ignored by the governor’s failure to act. Political expediency should never displace the public good, and the governor’s failure to act weakens our trust in our government.
Delaware Constitution, Title XIV, Oath of Office:
“I further swear (or affirm) always to place the public interests above any special or personal interests, … In doing so I will always uphold and defend the Constitutions of my Country and my State, so help me God.”
Furthermore, inaction by the governor questions the public’s confidence that the executive branch is acting in the public good. Inaction to address a problem is contrary to the public good, and gives the “justifiable impression” that the public trust is being violated.
Delaware Code Title 29, Code of Conduct, Chapter 58:
§ 5802. “The General Assembly finds and declares:
(1) In our democratic form of government, the conduct of officers and employees of the State must hold the respect and confidence of the people. They must, therefore, avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.”
Delawareans demand that public interests supersede political interests. If the governor continues to sit on his hands, another option is a follow-up investigation by the AG’s Division of Civil Rights and Public Trust, addressing the governor’s failure to do his duty – failure to call a special session of the General Assembly for impeachment.
The governor’s inaction may demand that the Division of Civil Rights and Public Trust investigate the matter, since it is clear that the Governor is violating his duty to act in the best interests of Delawareans – a violation of the public trust.
(Editor’s note: Gov. Carney has indicated that he will not take action until after McGuiness is sentenced. It appears that sentencing will take place after the primary election. McGuiness has continued an effort to seek a second term).
