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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter : Chapter 106 Removal and Impeachment of Public Officers
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The governor shall have power and he is hereby authorized to
remove from office, without assigning any other reason therefor, any
appointive state official required by law to be appointed by the
governor, whenever in his opinion such removal is necessary for the
betterment of the public service, but the governor may, at his
discretion, in any order of removal which he may make under authority of
this section, assign additional and more specific reasons for such
removal. (RSMo 1939 § 12826)
CROSS REFERENCE: Appointive state officers, removal of, Const. Art. IV §
17
All elective executive officials of the state, judges of the
supreme court, the court of appeals and circuit judges shall be liable to
impeachment for crime, misconduct, habitual drunkenness, willful neglect
of duty, corruption in office, incompetency, or any offense involving
moral turpitude, or oppression in office. (L. 1945 p. 1319 § 12836, A.L.
1973 S.B. 263)
CROSS REFERENCES: Impeachment of public officers, Const. Art. VII §§ 1 to
3 Removal of officers not subject to impeachment, Const. Art. VII § 4
The house of representatives shall have the sole power of
impeachment. All impeachments shall be tried before the supreme court,
except that the governor or a member of the supreme court shall be tried
by a special commission as provided for in sections 106.020 to 106.210.
(L. 1945 p. 1319 § 12837)
When the house of representatives shall be satisfied that there
is good cause to impeach any officer, they shall cause articles of
impeachment to be made out in due form against such officer and shall
transmit the same to the supreme court, and immediately elect managers to
prosecute such impeachment; provided, however, that in the case of
impeachment of the governor or a member of the supreme court, they shall
transmit such articles of impeachment to the senate who shall, without
delay, proceed to the election of a special commission to try such
impeachment as provided in section 106.080. In case of death, resignation
or failure to serve, of any manager elected by the house as aforesaid,
the governor shall, if the house be not in session, fill such vacancy;
and the person thus appointed shall have the same power and perform the
same duties as if elected by the house. (RSMo 1939 § 12836, A.L. 1945 p.
1319 § 12838)
Prior revisions: 1929 § 11210; 1919 § 9183; 1909 § 10212
If any officer shall be impeached, he is hereby suspended from
exercising his office, after he shall be notified thereof, until his
acquittal. (RSMo 1939 § 12837, A.L. 1945 p. 1319 § 12839)
Prior revisions: 1929 § 11211; 1919 § 9184; 1909 § 10213
(1995) In attorney general's quo warranto action seeking ouster of
secretary of state, court suspended secretary of state from exercising
the duties of her office pending trial for impeachment while leaving all
other emoluments of office, including salary, in effect. The only method
provided in the constitution for removal from office of statewide
elective official is impeachment. Legislature is without authority to
enact statutes that automatically provide for the removal from office of
any elective executive official of the state. State ex inf. Nixon v.
Moriarty, 893 S.W.2d 806 (Mo. en banc).
If the secretary of state, state auditor, state treasurer or
attorney general be impeached, and notified thereof, an appointment shall
be made by the governor to supply such vacancy until such impeachment
shall be determined; and if the president of the senate be impeached,
notice thereof shall immediately be given by the house of representatives
to the senate, that another president may be elected by the senate. (RSMo
1939 § 12838, A.L. 1945 p. 1319 § 12840)
Prior revisions: 1929 § 11212; 1919 § 9185; 1909 § 10214
When articles of impeachment shall be presented to the supreme
court, the court shall immediately appoint some day for the appearance of
the accused and cause a summons to be issued, signed by the chief justice
of the court and countersigned by one of the judges thereof, with a copy
of the articles of impeachment annexed, requiring the accused to appear
on the day appointed for that purpose, and answer the charges exhibited
against him, which shall be served by the marshal of the court, or by
special messenger by the court appointed, a reasonable time before the
day set for his appearance. (RSMo 1939 § 12839, A.L. 1945 p. 1319 § 12841)
Prior revisions: 1929 § 11213; 1919 § 9186; 1909 § 10215
If the governor or a judge of the supreme court shall be
impeached, the house of representatives shall immediately transmit such
articles of impeachment to the senate who shall, without delay, proceed
to the election of a special commission to try the cause, which
commission shall be composed of seven eminent jurists, who at the time of
their election are judges of the circuit or appellate courts of this
state; provided, however, that judges of the supreme court shall not be
eligible to serve on such special commission. The commission shall meet
in the City of Jefferson within thirty days after their election on a day
designated by the senate. (RSMo 1939 § 12841, A.L. 1945 p. 1319 § 12842)
Prior revisions: 1929 § 11215; 1919 § 9188; 1909 § 10217
Immediately upon meeting, the commission shall proceed to
organize by electing a president and a secretary and thereupon shall
designate some day not less than twenty days nor more than thirty days
after the service of the summons for the appearance of the accused and
cause a summons to be issued, signed by the president of the commission
and countersigned by the secretary thereof, with a copy of the articles
of impeachment annexed, requiring the accused to appear on the day
designated for that purpose, and answer charges exhibited against him,
which shall be served by a messenger appointed by the commission, a
reasonable time before the day set for his appearance. The commission
shall have power to employ such clerical help and assistants as they may
deem necessary to the proper conduct of the trial. (L. 1945 p. 1319 §
12843)
The notices as required by sections 106.070 and 106.090 shall be
served on the accused personally, if he can be found; and if he cannot be
found, then by leaving a copy of such summons and articles of impeachment
at his dwelling house or usual place of abode, with some member of the
family above the age of fifteen years. (RSMo 1939 § 12840, A.L. 1945 p.
1319 § 12844)
Prior revisions: 1929 § 11214; 1919 § 9187; 1909 § 10216
Each member of the special commission, provided for in section
106.080, shall be allowed an amount not to exceed ten dollars per day for
actual and necessary expenses incurred in the performance of his duties,
which allowance shall be in lieu of all other compensation for such
service. (L. 1945 p. 1319 § 12845)
Upon the appearance of the accused, he shall have reasonable
time to answer the impeachment; and when the answer shall be filed, the
managers may reply thereto; and when issue shall be joined on any such
impeachment, the court or commission shall appoint a time for trial
thereof. (RSMo 1939 § 12842, A.L. 1945 p. 1319 § 12846)
Prior revisions: 1929 § 11216; 1919 § 9189; 1909 § 10218
The president of the commission or the chief justice of the
supreme court, as the case may be, on application of the respondent, or
any of his counsel, or either of the managers, shall issue subpoenas for
witnesses and commissions to take depositions where the witness is unable
to attend from sickness or other infirmity, or where the witness is
without the state. (RSMo 1939 § 12843, A.L. 1945 p. 1319 § 12847)
Prior revisions: 1929 § 11217; 1919 § 9190; 1909 § 10219
Such depositions shall be taken in the same manner and the same
notice be given as where depositions are taken in circuit court. (RSMo
1939 § 12844, A.L. 1945 p. 1319 § 12848)
Prior revisions: 1929 § 11218; 1919 § 9191; 1909 § 10220
If the accused shall not appear after being notified, or, after
appearing shall fail to answer, the court or commission may proceed ex
parte. (RSMo 1939 § 12845, A.L. 1945 p. 1319 § 12849)
Prior revisions: 1929 § 11219; 1919 § 9192; 1909 § 10221
At the time and place appointed for trial, and before proceeding
thereon, some person authorized by law so to do shall administer to the
members of the special commission, in cases of impeachment of the
governor or a judge of the supreme court, or to the judges of the supreme
court, in cases of impeachments of other officers, an oath or affirmation
impartially to try and determine the charges and to do justice according
to the law and the evidence; and no member shall sit or give his vote
until he shall have taken such oath or affirmation. (RSMo 1939 § 12846,
A.L. 1945 p. 1319 § 12850)
Prior revisions: 1929 § 11220; 1919 § 9193; 1909 § 10222
The members being sworn, the supreme court or the special
commission, as the case may be, shall proceed to hear, try and determine
such impeachment, and may adjourn the trial to any other time; and the
court or commission shall determine all questions of law arising during
the trial upon the admissibility of evidence, the competency of
witnesses, or otherwise, and may punish any person for contempt committed
toward it, or for obstructing the administration of justice on such
trial, in as full a manner as any court of record could do for like
contempt toward such court. Except as otherwise provided in sections
106.020 to 106.210, the rules of evidence and procedure applicable in
civil actions before circuit judges in the circuit courts of this state
shall be followed in all trials of impeachment whether before the supreme
court or the special commission. (RSMo 1939 § 12847, A.L. 1945 p. 1319 §
12851, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11221; 1919 § 9194; 1909 § 10223
Effective 1-2-79
In all such trials the accused shall have a right to be heard by
himself and his counsel, and all matters relating to procedure and the
conduct of the trial shall be determined by a majority vote of the judges
or commissioners and shall be entered and made a part of the record of
the proceeding; but no judgment or sentence of conviction shall be given
against any person upon any impeachment without concurrence of
five-sevenths of the judges of the supreme court or of the members of the
special commission. (RSMo 1939 § 12848, A.L. 1945 p. 1319 § 12851a)
Prior revisions: 1929 § 11222; 1919 § 9195; 1909 § 10224
The party convicted or acquitted shall, notwithstanding such
conviction or acquittal, be subject to indictment, trial, judgment and
punishment, for any indictable offense, according to the law of the land.
(RSMo 1939 § 12849, A.L. 1945 p. 1319 § 12851b)
Prior revisions: 1929 § 11223; 1919 § 9196; 1909 § 10225
CROSS REFERENCE: Impeachment not to prevent prosecution for offenses,
Const. Art. VII § 3
The supreme court or special commission, as the case may be,
shall cause a transcript of the proceedings had on any impeachment to be
made out, and the judgment of the court or commission, whether of
conviction or acquittal, which shall be signed by the officer presiding
at the trial and attested by the secretary of the commission or a judge
of the court hearing the cause and deposited in the office of the
secretary of state. (RSMo 1939 § 12850, A.L. 1945 p. 1319 § 12851c)
Prior revisions: 1929 § 11224; 1919 § 9197; 1909 § 10226
All writs by the court or commission shall run in the name of
the state of Missouri, shall be subscribed by the presiding officer and
countersigned by a judge of the supreme court or in cases of impeachment
of the governor or a judge of the supreme court, by the secretary of the
commission and shall be served by the marshal of the court or by a
special messenger appointed for that purpose. (RSMo 1939 § 12851, A.L.
1945 p. 1319 § 12851d)
Prior revisions: 1929 § 11225; 1919 § 9198; 1909 § 10227
Any person elected or appointed to any county, city, town or
township office in this state, except such officers as may be subject to
removal by impeachment, who shall fail personally to devote his time to
the performance of the duties of such office, or who shall be guilty of
any willful or fraudulent violation or neglect of any official duty, or
who shall knowingly or willfully fail or refuse to do or perform any
official act or duty which by law it is his duty to do or perform with
respect to the execution or enforcement of the criminal laws of the
state, shall thereby forfeit his office, and may be removed therefrom in
the manner provided in sections 106.230 to 106.290. (RSMo 1939 § 12828)
Prior revisions: 1929 § 11202; 1919 § 9175; 1909 § 10204
(1956) Statutory remedy for removal of officers, adopted under section 4,
Article VII of the Constitution, is not exclusive and does not limit the
jurisdiction of the supreme court in quo warranto. State inf. Dalton v.
Mosley, 365 Mo. 711, 286 S.W.2d 721.
(1956) Sheriff who failed to enforce laws against gambling and against
lotteries for charitable or civic purposes and who solicited reward for
recovery of stolen property held to have forfeited office and could be
ousted by quo warranto. State ex inf. Dalton v. Mosley, 365 Mo. 711, 286
S.W.2d 721.
(1956) Proceeding in quo warranto to declare forfeiture of offices of two
judges of county court was civil in nature and burden was upon informant
to prove by preponderance of the evidence that by commission of acts
alleged respondents had forfeited their respective offices and statutes
defining grounds for removal would be given strict construction. State on
inf. of Connett v. Madget (Mo.) 297 S.W.2d 417.
(1964) Sheriff who placed or had placed a billfold, which had been taken
in a burglary and later recovered, in a suspect's automobile for use in
prosecution of the suspect, was guilty of willful and malicious
oppression, misconduct and abuse of authority in office and thereby
forfeited his office. State v. Elliott (Mo.), 380 S.W.2d 929.
(1971) The Supreme Court has jurisdiction to hear quo warranto
proceedings to remove county officer. State v. Orton (Mo.), 465 S.W.2d
618.
(1979) Sheriff who represented to the county court that the cost for food
preparation was greater than the actual cost and retained the difference
for personal use was guilty of willful and fraudulent violation of an
official duty. State ex inf. Ashcroft v. Riley (Mo.), 590 S.W.2d 903.
When any person has knowledge that any official mentioned in
section 106.220 has failed, personally, to devote his time to the
performance of the duties of such office, or has been guilty of any
willful, corrupt or fraudulent violations or neglect of any official
duty, or has knowingly or willfully failed or refused to perform any
official act or duty which by law it was his duty to do or perform with
respect to the execution or enforcement of the criminal laws of this
state, he may make his affidavit before any person authorized to
administer oaths, setting forth the facts constituting such offense and
file the same with the clerk of the court having jurisdiction of the
offense, for the use of the prosecuting attorney or deposit it with the
prosecuting attorney, furnishing also the names of witnesses who have
knowledge of the facts constituting such offense; and it shall be the
duty of the prosecuting attorney, if, in his opinion, the facts stated in
said affidavit justify the prosecution of the official charged, to file a
complaint in the circuit court as soon as practicable upon such
affidavit, setting forth in plain and concise language the charge against
such official, or the prosecuting attorney may file such complaint
against such official upon his official oath and upon his own affidavit.
(RSMo 1939 § 12829)
Prior revisions: 1929 § 11203; 1919 § 9176; 1909 § 10205
Upon the filing of the affidavit as provided in section 106.230,
against any prosecuting attorney, the judge of the circuit court of said
county may appoint a special prosecutor, who shall have power and
authority to file a complaint, as provided in section 106.230, against
said prosecuting attorney. (RSMo 1939 § 12830)
Prior revisions: 1929 § 11204; 1919 § 9177; 1909 § 10206
When an affidavit has been filed with the clerk of the circuit
court of any county in this state, as provided in sections 106.230 and
106.240, the governor may, in his discretion, direct the attorney general
to assist in the prosecution against said officer; and in case of the
refusal of the prosecuting attorney or special prosecutor, after the
filing of the affidavit provided for in sections 106.230 and 106.240, to
file a complaint, the attorney general shall have authority to file a
complaint against the official complained of. (RSMo 1939 § 12831)
Prior revisions: 1929 § 11205; 1919 § 9178; 1909 § 10207
In any proceedings instituted under the provisions of sections
106.220 to 106.290, the attorney general, prosecuting attorney or special
prosecutor appointed by the court may file with the clerk of the circuit
court an affidavit that he believes the sheriff of said county is
disqualified from summoning a fair and impartial jury for the trial of
said cause, by reason of the fact that he is related to the defendant, or
is interested or prejudiced in his favor to such an extent that he will
not, in the opinion of said attorney general, prosecuting attorney or
special prosecutor, summon a fair and impartial jury, and the judge may,
in his discretion, thereupon make an order disqualifying said sheriff
from summoning the jury in said cause, and appoint an elisor, who shall
have the same power as the sheriff in the summoning of the jury, and
perform the duties of the sheriff in the trial of said cause; provided,
that in case the said proceeding shall be against the sheriff of any
county, the judge shall make an order disqualifying him, and appoint an
elisor for the summoning of the jury and performing the duties of the
office of the sheriff for the trial of said cause. (RSMo 1939 § 12832)
Prior revisions: 1929 § 11206; 1919 § 9179; 1909 § 10208
If any official against whom a proceeding has been filed, as
provided for in sections 106.220 to 106.290, shall be found guilty of
failing personally to devote his time to the performance of the duties of
such office, or of any willful, corrupt or fraudulent violation or
neglect of official duty, or of knowingly or willfully failing or
refusing to do or perform any official act or duty which by law it is
made his duty to do or perform with respect to the execution or
enforcement of the criminal laws of the state, the court shall render
judgment removing him from such office, and he shall not be elected or
appointed to fill the vacancy thereby created, but the same shall be
filled as provided by law for filling vacancies in other cases. All
actions and proceedings under sections 106.220 to 106.290 shall be in the
nature of civil actions, and tried as such. (RSMo 1939 § 12833)
Prior revisions: 1929 § 11207; 1919 § 9180; 1909 § 10209
In all prosecutions under sections 106.220 to 106.290, the
defendant shall, upon conviction, after judgment of removal is entered,
be entitled to an appeal to the supreme court of Missouri, and said cause
shall have precedence in said court on such appeal, and such supreme
court shall hear such appeal as soon as possible. Pending such appeal
such officer shall be suspended from office, and the trial court shall
appoint a resident of the county, qualified in law, who shall act as such
special officer pending the appeal; and if the decision on said appeal in
said supreme court shall be in favor of the defendant, he shall be
entitled to the pay for the time for which he was removed. The person
acting as such officer during such appeal shall be entitled to the same
compensation of a duly elected officer. The costs herein provided for
shall be taxed against and paid by the county in which said proceedings
originated. And the fee of any prosecuting attorney, as provided for in
sections 106.220 to 106.290, shall be a reasonable one, fixed by the
court, and payable out of the county treasury. (RSMo 1939 § 12834)
Prior revisions: 1929 § 11208; 1919 § 9181; 1909 § 10210
If, upon the trial of such cause, the defendant be acquitted,
the complainant shall be adjudged to pay all costs, and upon motion for
that purpose, filed before said cause shall be called for trial, the
court may compel him to give security for payment of the same, and in
default thereof may dismiss the complaint, except that in cases where the
complaint is filed officially, no security for costs shall be required,
and no costs adjudged against the complainant; but the same shall be paid
by the county in case of acquittal, and by the defendant in case of
conviction. (RSMo 1939 § 12835)
Prior revisions: 1929 § 11209; 1919 § 9182; 1909 § 10211
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