By Craig Anderson

WILMINGTON — The trial date for indicted State Auditor Kathy McGuiness is set for May 2022.

Ms. McGuiness is charged with two felonies and three misdemeanors connected to allegations of corruption, theft and nepotism made by the Delaware Department of Justice last month. She was indicted on Oct. 11 and pleaded not guilty to all charges the next day.

Felony charges against Ms. McGuiness include theft and act of intimidation. Misdemeanor counts include conflict of interest: violation of the state officials’ code of conduct, structuring: non-compliance with procurement law; and official misconduct.

Deputy Attorney General Mark Denney will prosecute the case for the state. Judge William Carpenter is assigned to the matter.

The misdemeanor conflict of interest charge centered on the hiring of Ms. McGuiness’s daughter and a friend as state casual-seasonal employees under the state auditor’s direct supervision. The AG’s office alleged that neither were interviewed for the positions and no Auditor Office staff members without an ethical conflict took part in the hiring process.

The felony act of intimidation count came from alleged surveillance, via email, of potential whistleblowers by Ms. McGuiness. Also, according to the indictment, she allegedly “did knowingly and with malice attempt to prevent or dissuade any witness from attending or giving testimony at any proceeding or inquiry authorized by law.”

Official misconduct, a misdemeanor, was connected to alleged structured payments in a no-bid contract to a political campaign consulting company, My Campaign Group. The structuring: non-compliance law misdemeanor brought the official misconduct count.

In the indictment, the felony theft allegation claims that Ms. McGuiness “did take, exercise control over, or obtain property of the State of Delaware, consisting of money valued at more than $1,500 intending to deprive the State of Delaware of the money or to appropriate it.”

On Tuesday, Delaware Senate and House Leadership announced a plan to formally research the General Assembly’s powers in the Delaware Constitution connected to petitioning the governor to remove an elected official from office “for any reasonable cause.”

Delaware’s longest-serving Supreme Court justice Randy J. Holland will provide his services as a special adviser pro bono when researching the matter. The findings are due before the legislature returns to session on Jan. 11.

Ms. McGuiness’ bid for the state to fund her defense through representation by private attorney Steve Wood was denied. Through her attorney, a petition to sanction Delaware Attorney General for comments made following the indictment was filed.