WILMINGTON, Del. – The Office of Governor John Carney on Monday issued the following statement:
“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.”
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