MILTON, De. - On Tuesday, a Superior Court Judge denied Delaware State Auditor Kathy McGuiness' request for a new trial on three misconduct in office charges. The judge also overturned a conviction on one misdemeanor count, while upholding two other misdemeanors.
McGuiness spoke to WBOC on Wednesday while campaigning in Sussex County.
"They did not prove that my daughter had any special privilege, nor did she," she said.
"Very pleased that the judge threw out the count on structuring which as we said all along it did not happen. Disappointed that one stuck, as you know conflict of interest for hiring is not illegal," she continued.
Should it become inevitable that lawmakers or the Governor would remove McGuiness from office, McGuiness says she would keep the door open to leaving on her own.
"We would cross that bridge when we get to it, they're entitled to their opinion. I'm not sure if this is the fourth or fifth time they've called for my resignation, I've lost track," she said.
Removing McGuiness is an action that her fellow Democrats in the General Assembly are still interested in.
In a statement to WBOC, Delaware Senate Democrats said "Delawareans have had enough."
"Kathy McGuiness owes it to the people of Delaware to do what is right and step down before she is forced out of the elected office that the Attorney General, a jury and a Superior Court Judge all agree she used to violate the public's trust," the statement continued.
The Delaware Democratic Party chose to endorse McGuiness' opponent Lydia York in the September 13 primary for Auditor. But McGuiness says her focus is not on the endorsement of the political class, but of the needs of the voters.
"The majority of people don't care or they can see through it. And they're like keep fighting for us Kathy," she said.
Governor John Carney's office tells WBOC the Governor cannot see how McGuiness can continue to perform her job with confidence given the circumstances.
The Governor has said he will not entertain using his power to remove McGuiness until her sentencing.
That sentencing has not yet been scheduled. McGuiness faces up to two years in prison on the remaining official misconduct and conflict of interest charges.