Section 2.10 Impeachment, Removal, and Forfeiture From Office—Generally

• Library: Local Government Deskbook (2017 Ed.)

A. (§2.10) Impeachment, Removal, and Forfeiture From Office—Generally

The right to public office is not absolute. The Missouri Constitution builds in safeguards to prevent public officers (including municipal officers) from abusing their position. For example, as to “elective executive officials of the state” and judges, article VII, § 1 (emphasis added), states: “All elected executive officials of the state, and judges of the supreme court, courts of appeals, and circuit courts shall be liable to impeachment for crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude or oppression in office.”

Authority to impeach these special categories of public officers rests solely with the Missouri House of Representatives. Mo. Const. art. VII, § 2. Most impeachment proceedings are tried before the Supreme Court of Missouri, but when the governor or a member of the Supreme Court of Missouri is being impeached, such a proceeding shall be tried before “a special commission of seven eminent jurists to be elected by the senate.” Id. A plurality decision is insufficient to invoke impeachment. The Missouri Constitution requires a “five-sevenths” concurrence—or five of seven judges or jurists—to impose impeachment, which is roughly 71.4% of the vote. Id.

As might be surmised, the impeachment process is judicial in nature and is not a political function. Under the Missouri Constitution, the possibility of impeachment for purely political reasons is mitigated because the Supreme Court of Missouri (or a special commission) is directed to convict a public officer only when there has been “actual misconduct” as the law defines it. See Matter of Impeachment of Moriarty, 902 S.W.2d 273, 277 (Mo. banc 1994). Actual misconduct means “doing an unlawful act, doing a lawful act in an unlawful manner, or failing to perform an act required by law.” Id. Actual misconduct “does not include errors in judgment, acts done in good faith, or good faith exercise of discretion.” Id. Thus, it is not enough that a public officer has performed poorly, but honestly; rather, for impeachment to be had, there must be a willful neglect of office or misconduct touching upon unlawfulness or moral turpitude transcending honest error of judgment. Id. at 274, 278 (the Secretary of State, who ignored statutory requirements in favor of her son, was not merely negligent, but was engaged in deliberate misconduct so as to...