The Delaware Supreme Court has reversed a Superior Court’s decision to bar former a Newport Police Chief from being sworn in as Commissioner in the Town of Newport.
In May Superior Court Judge Jan Jurden ruled that when Michael Capriglione pled guilty to official misconduct, a misdemeanor, it barred him from holding the office he was elected to.
Attorney General Kathy Jennings brought the case against Capriglione alleging that under Delaware’s constitution official misconduct was an “infamous crime” and therefore he was unable to serve as a Newport town commissioner.
Capriglione file an appeal with the state’s highest court and today they ruled in his favor.
This 16th day of July 2021, the Court, having considered the record, the briefs, and the oral argument of counsel on an expedited basis, has concluded that the judgment of the Superior Court should be reversed. A more formal opinion, fully explaining our views, will issue in due course. The mandate shall issue immediately.
The Appellant may take his oath of office.
Full order found here https://courts.delaware.gov/Opinions/Download.aspx?id=322290