Considering a rarely invoked provision, the Delaware Superior Court interpreted a Delaware Constitutional provision prohibiting individuals convicted of certain crimes from holding elected office. President Judge Jan R. Jurden granted the State of Delaware’s motion to bar former Town of Newport (“Newport”) Police Chief Michael Capriglione from taking office as a Newport Town Commissioner despite his election to the position earlier this year in State of Delaware, Ex. Rel. Kathleen Jennings, Attorney General v. Michael Capriglione, and Town of Newport, C.A. No. N21C-04-091 JRJ (Del. Super. May 4, 2021).  She ruled he was ineligible for the office because his prior conviction for misdemeanor Official Misconduct was an infamous crime under Article II, Sec. 21 of the Delaware Constitution.
On April 5, 2021, Newport elected Michael Capriglione to serve as a Commissioner. Newport has a Council-Manager form of government with five Commissioners forming the town council, including the Mayor. On May 19, 2018, while serving as Police Chief and on his way to teach a defensive driving course, Mr. Capriglione backed his police car into a parked car in the police department’s parking lot. A surveillance camera recorded the collision, and Mr. Capriglione later ordered the deletion of the surveillance video capturing the collision. As a result, a grand jury indicted him, and he eventually pleaded guilty to Careless or Inattentive Driving and Official Misconduct (resulting from the deletion of the surveillance video), both misdemeanor convictions.