Section 2.12 Forfeiture—Distinguished From Removal in Its Effect as an Automatic Loss of Office

• Library: Local Government Deskbook (2017 Ed.)

C. (§2.12) Forfeiture—Distinguished From Removal in Its Effect as an Automatic Loss of Office

Thus far, concepts of impeachment, removal, and forfeiture have been discussed somewhat interchangeably (see §§2.10 and 2.11, supra). But forfeiture is distinct from both impeachment and statutory removal. In impeachment or statutory removal, a quasi-judicial (or in some cases, administrative) process is undertaken with the possibility of termination; impeachment, for example, will not be had without a five-sevenths concurrence in favor of impeachment. See Mo. Const. art. VII, § 2. In forfeiture, termination is automatic—forfeiture is self-executing as long as the predicate conduct is established. For...