WILMINGTON—Despite his concerns regarding how convicted State Auditor Kathy McGuiness can effectively continue her duties, Gov. John Carney said he is not making an immediate decision regarding her removal from office.

In regard to the state auditor’s conviction on misdemeanor charges of conflict of interest (violation of the state officials code of conduct), structuring (non-compliance with procurement law), and official misconduct, the governor’s office released a statement on Tuesday indicating Gov. Carney’s intention to wait until the legal process ends to make a decision.

The statement read, “The Auditor of Accounts has been found guilty by a jury of three misdemeanors. The Delaware Supreme Court has made it clear that under Article XV, Section 6 of the Delaware Constitution, addressing the removal of “any public officer convicted of misbehavior in office or of any infamous crime,” the Governor has no power to act until after the entry of a judgment of conviction by the Superior Court. (See Slawik v. Folsom, 410 A.2d 512 (Del. 1979). The Superior Court has not yet entered a judgement of conviction in the proceeding.

The Governor has indicated that he believes the Auditor cannot do her job effectively under the circumstances, and he understands that some in the Legislature have called for her immediate removal from office. However, it is the Governor’s responsibility under the law to await the final determination of the court and then to determine his constitutional obligations after the entry of judgment.”

In the statement, Gov. Carney referred to the precedent set by the court’s decision in the 1979 case of Slawik v. Folsom, in which former New Castle County Executive Melvin Slawik was found to have been wrongfully removed from office in 1976 by then-Gov. Sherman Tribbitt. The Delaware Superior Court found that when Mr. Slawik was removed from office, the sentence was not imposed until a month later, meaning he was not legally convicted at the time of his removal. Mr. Slawik had been initially removed for a conviction of perjury.

The statement came a day after a spokesperson for Gov. Carney told the Delaware State News that the governor “believes this is a sad and serious situation that puts in jeopardy the trust voters place in the people elected to serve them,” and questioned how Ms. McGuiness could continue in her position as state auditor.

Although the jury found Ms. McGuiness guilty of three misdemeanors and not guilty of two felonies, the case has not been officially closed, as Judge William Carpenter Jr. deferred sentencing to a later date to allow for additional motions to be filed.

While speaking to the media in front of the Kent County Courthouse following the verdict, Ms. McGuiness’ Defense Attorney Steve Wood said he planned to file a motion for a new trial and an additional motion for acquittal, though as of Tuesday, no motions have been officially filed.