He said that seating Capriglione in a leadership legislative position in the same town where he committed his crimes would do “irreparable harm to the public trust in that someone who is ineligible” to hold the office “will be given a position of power over some of the same people who, if it had gone to trial, would be witnesses against him.”
Skoranski acknowledged that official misconduct is not defined in the constitution like perjury, embezzlement and burglary, but that it “falls under the umbrella of infamous crimes” that bar someone from office in Delaware.
The prosecutor said that issue might ultimately have to be decided by the state Supreme Court, but said Jurden could act now to protect the public. In the event that she would not issue a stay and allowed Capriglione to be sworn in, Skoranski said he wanted her to remove him from office once she studies the issue.
Capriglione’s lawyer, Stephanie Ballard Wagner, said the state Board of Elections allowed her client’s candidacy, and that he met town rules for eligibility: being at least 21 years old, a U.S. citizen and never convicted of a felony.
“He has been found eligible to seek and hold the office,’’ she said.
Wagner also noted that Newport’s voters “know who he is’’ and decided to elect Capriglione for the post.
Town lawyer Chris Griffiths asked the court for clarity and direction, so he could know whether he can legally swear in Capriglione. He also noted that Capriglione is suing the town, an action that seeks about $173,000 in vacation pay, sick leave and uncompensated overtime after he was fired. If Capriglione is seated, even temporarily, the town would have to take steps to ensure that he is not privy to information about its deliberations on the case.
Griffiths noted that if Jurden issued the stay, the town would have four of five commissioners, enough for a quorum to conduct business.
Jurden found the quorum argument compelling.
“If Capriglione is not sworn in tonight, Newport would have enough commissioners to constitute a quorum,’’ she wrote. “The commissioners may therefore continue to do business while the Court resolves this matter.”
The judge said she will rule by May 6, but Capriglione vowed that “this is far from over.”