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Topic: Malfeasance in office

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	CONSTITUTIONAL AND STATUTORY IMPEACHMENT PROVISIONS IN 50 STATES
		It is synonymous with misconduct in office and is broad enough to embrace any willful malfeasance, misfeasance, or nonfeasance in office, and may not necessarily imply corruption or criminal intent (In re Investigation of Circuit Judge of Eleventh Judicial Circuit of Fla.
		Under Illinois law, impeachment proceedings generally lie for treason, bribery or other high crime or misdemeanor in office, and the grounds must be causes attaching to the qualifications of a state officer or his performance of his duties, showing that he is not a fit and proper person to hold office.
		A “misdemeanor in office” may consist of violating the constitution or a statute, willful neglect of duty with corrupt intention, or negligence so gross and disregard of duty so flagrant as to warrant an inference that it is willful and corrupt (State v.
	www.cga.ct.gov /2004/rpt/2004-R-0146.htm (1306 words)

	141 Wn.2d 756, RECALL OF PEARSALL-STIPEK
		Under RCW 29.82.010(l)(b), which provides an additional definition of "malfeasance in office" as the commission of an unlawful act, a public official may be recalled for committing an unlawful act while in office whether or not the unlawful act affected, interrupted, or interfered with the performance of an official duty.
		Where the removal is to be for official misconduct or for misfeasance or mal-administration in office, the misconduct which shall warrant a removal of the officer must be such as affects his performance of his duties as an officer and not such only as affect his character as a private individual.
		I therefore agree with the statutory analysis of RCW 29.82.010 Justice Johnson undertakes in his dissent: a nexus between the alleged malfeasance and the performance of official duties is an essential touchstone to recalling a public officer.
	www.mrsc.org /mc/courts/supreme/141wn2d/141wn2d0756.htm (12768 words)

	74 Wn.2d 231, MILDRED HENRY MATSEN, Appellant, v. E. C. "EZ" KAISER, Respondent
		One of the principal reasons supporting a forfeiture of office pending appeal undoubtedly is that a strong presumption of validity supports the judgment of a court of record.
		But the seeming conflict between a case which holds that immediately upon conviction of any felony or malfeasance in office a public officer forfeits his office and the present case is illusory, because in the former a judgment and sentence is actually imposed upon the defendant, whereas here there has been no judgment and sentence.
		This offense is conceded to be a felony and, obviously, constitutes misfeasance in office.
	www.mrsc.org /mc/courts/supreme/074wn2d/074wn2d0231.htm (2692 words)

	Humphrey's Executor v. United States 295 U.S. 602 (1935)
		The first commissioners appointed are to continue in office for terms of three, four, five, six, and seven years, respectively, and their successors are to be appointed for terms of seven years — any commissioner being subject to removal by the President for inefficiency, neglect of duty, or malfeasance in office.
		Putting this phrase aside, however, the fixing of a definite term subject to removal for cause, unless there be some countervailing provision or circumstance indicating the contrary, which here we are unable to find, is enough to establish the legislative intent that the term is not to be curtailed in the absence of such cause.
		And to hold that, nevertheless, the members of the commission continue in office at the mere will of the President might be to thwart, in large measure, the very ends which Congress sought to realize by definitely fixing the term of office.
	newdeal.feri.org /court/295US602.htm (3645 words)

	Political Integrity - Impeachment & the CONSTITUTION OF THE STATE OF WASHINGTON
		All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be prescribed by law.
		“Malfeasance” in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty.
		Given the perspective of the state framers, without malfeasance in office, the U.S. Constitution implicitly allows for the impeachment of the President whether or not “any wrongful conduct..(actually) affects, interrupts, or interferes with the performance of official duty.”
	www.exordia.net /pi/impeach.htm (758 words)

	[No title]
		The provision of Section 1 of the Federal Trade Commission Act that “Any commissioner may be removed by the President for inefficiency, neglect of duty or malfeasance in office,” restricts the power of the President to remove except upon one or more of the causes stated.
		In such a case the function of the office suggests the test to be applied in determining whether and to what extent Congress may enact legislative standards of removal to be followed by the President.
		I refer simply to what will make the men in office more secure, more independent in their action and conduct, and to that end they ought to be removed from office only by and with the advice and consent of the Senate.
	www.yale.edu /lawweb/avalon/curiae/html/295-602/002.htm (12860 words)

	Search warrants served at offices of Maricopa County school chief (Site not responding. Last check: 2007-11-01)
		25, 2006 07:16 PM A team of 35 investigators swarmed the offices of the county schools superintendent Wednesday as the sheriff's office exercised search warrants amid allegations that include misuse of public funds, bid-rigging, nepotism and malfeasance of office.
		The warrants come on the heels of a civil subpoena two weeks ago that demanded that Superintendent Sandra Dowling allow the county auditor to comb finances for the special district she oversees for about 2,000 homeless and troubled children around the county.
		On Wednesday, her attorney suggested that the supervisors are the catalyst for the criminal investigation because they don't want to cover the district's deficit.
	azcentral.com /families/education/articles/0125dowlingsearch-ON.html (895 words)

	Magnesium lawsuit: Amended complaint
		At all times to this complaint defendants have, by their malfeasance of office and breach of the public trust, caused vast deaths and extreme financial loss to plaintiff.
		At all times to this complaint defendants were and are without discretion and were and are required to Constitutionally execute Congressional mandates expressed by the People and Congress through laws of the United States, and by the defendants themselves through their own regulations, and their Mission Statement.
		Plaintiff seeks immediate expedition of this amended complaint and for declaratory judgment due to defendants' serious acts constituting malfeasance of office and breach of the public trust.
	www.mgwater.com /fdabig.shtml (1316 words)

	Bridge: Malfeasance in office \| Arizona Daily Star ®
		Alternatively, he could establish dummy's fifth diamond by ruffing another diamond and then draw trumps, ending in dummy, but he would still have to lose two tricks.
		The malfeasance occurred at trick one, when he should have ducked West's king-of-spades lead (which marked West with the queen).
		Had declarer played low from dummy - as he should have in order to retain the ace of spades as a subsequent entry to dummy - the slam could not have been defeated.
	www.azstarnet.com /sn/printDS/40088 (344 words)

	Malfeasance In Office (Site not responding. Last check: 2007-11-01)
		Please look for Malfeasance In Office and Definition Of Malfeasance In Office to find more Malfeasance In Office information.
		Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the...
		Malfeasance In Office MALFEASANCE IN OFFICE ; INSTANCES OF.
	www.malfeasanceinoffice.info (764 words)

	ViewPressRel
		Special Agents with the Louisiana Attorney General’s Office allege that Leblanc and Trahan, while dressed in Mermentau police uniforms and acting in the capacity of police officers, stole a box of Ray Ban sunglasses and two suede/leather sports coats from Saks Fifth Avenue, valued in excess of $1,000.00.
		My office will continue to investigate cases of looting and, if appropriate, arrest and charge those who we believe broke the law,” said General Foti.
		The possible sentence for malfeasance in office is imprisonment up to five years and/or a fine up to $5,000.00.
	www.ag.state.la.us /ViewPressRel.aspx?RelID=424 (357 words)

	[No title]
		Any officer or other person searching any place, thing or person otherwise than by virtue of and under a search warrant, shall be guilty of malfeasance in office.
		Considered as a whole, the statutory language demonstrates a legislative intent to deter the conduct of only those individuals who, by virtue of their governmental employment, can be found guilty of malfeasance in office.
		That case was decided before the 1978 amendment to Code 19.2-59 clarified that the only persons covered by the statute are those who can be found guilty of malfeasance in office.
	www.courts.state.va.us /opinions/opnscvtx/1962572.txt (1000 words)

	Sheriff investigates county school chief
		26, 2006 12:00 AM A team of 35 investigators swarmed the home and offices of the county schools superintendent Wednesday as the Sheriff's Office exercised a search warrant amid allegations that include misuse of public funds, bid rigging, nepotism and malfeasance of office.
		The warrant comes on the heels of a civil subpoena two weeks ago that demanded that Superintendent Sandra Dowling allow the county auditor to comb finances for the Maricopa County Regional School District.
		The search warrant raises a host of questions, including how the district spent public funds, how bids for items such as lobbying and landscaping were chosen and whether the district gave favors to friends and family of Dowling.
	azcentral.com /families/education/articles/0126schoolbudgetmess26.html (680 words)

	[No title]
		The protest was filed in behalf of a nine-group coalition of area homeowners and environmentalists early this month by Frederick Schuster of Thunder Consulting, a Banning, California firm.
		The BLM Las Vegas office, said Schuster, has a long history of intentionally misclassifying commercial gravel mining as "community pit" operations in order to evade environmental assessment requirements, to evade federal mining laws, and to get money to do things the U.S. Congress has not funded.
		"In the immediate case, the violations of the LVDO are so flagrant as to constitute gross malfeasance of office by the District Manager and the district staff."
	www.electricnevada.com /pages97/gravel.htm (475 words)

	[No title]
		In certain cases, however, civil servants and politicians are unusually wealthy, but there is no clear evidence of corruption, and it is difficult to prove them guilty.
		If any of them are unusually wealthy, or commit corruption, or malfeasance in office, then the NCCC shall accordingly investigate the fact.
		If the gist of a case is found, then the matter shall be submitted to the Prosecutor General to take action, so that the court will order forfeit of those properties to become the properties of the state, including passing sentences on the wrongdoer for the criminal charge of corruption.
	www.marutinterlaw.th.com /pr/mshow_index.php3?id=13 (587 words)

	[No title]
		Shurtleff was a general appraiser of merchandise, appointed pursuant to the Act of June 10, 1890, c.
		Other causes for removal may, however, exist, and be demanded by the interests of the service, in order that the office may be better conducted, although the officer may not be proved guilty[*16] of conduct coming within the statute as a cause for removal.
		In the case at bar, the nature of the interference by Congress and the office in question are not the same as in the Myers case.
	www.yale.edu /lawweb/avalon/curiae/html/295-602/003.htm (4366 words)

	IAPE Headlines for December 2005 - by R S Wachter - 03/06
		He was booked with five counts of obstruction of justice, one count of theft of fine monies, and two counts of malfeasance in office.
		McKinney was charged Aug. 12 with one count of aggravated arson, one count of obstruction of justice and one count of malfeasance in office after state police began investigating a July 30 fire at his office.
		The District Attorney's Office and the State Bureau of Investigation were notified when the items were found, and the evidence was turned over to agents Dec. 7.
	www.iape.org /Headlines/Headlines_2005_12.html (3980 words)

	NOLA.com: Kenner Town Hall Forum
		It is time he was ousted from office as there is no plausible reason to turn the pumnps off when you consider the hundreds of millions in flood damage that action caused.
		I say sue him, indicte him and arrest him for criminal negligence and malfeasance in office.
		Forget the crying scene on the TV, did anyone else hear his diatribe on the radio with Spud last week about Bush selling LA back to the French for a profit.
	www.nola.com /forums/kennertownhall/index.ssf?artid=31614 (313 words)

	Ex-officials charged - News news (Site not responding. Last check: 2007-11-01)
		Former agriculture minister Ventsislav Vurbanov has had charges pressed against him for malfeasance in office and mismanagement, Deputy Prosecutor General Hristo Manchev announced last Thursday.
		He will be investigated for extending 35 million leva cheap funding and subsidies to local farmers, for the privatisation of the mill in Pleven, Northern Bulgaria, and for misappropriation of other funds while in office.
		Filipov headed the Bulgarian gas distribution company Bulgargaz during the term of office of the previous Government of United Democratic Forces.
	www.sofiaecho.com /article/ex-officials-charged/id_5018/catid_5 (388 words)

	State Trooper Was Also Bookie
		LOUISIANA – As reported by the Louisiana Time Picayune: "A Louisiana state trooper has been booked with money laundering and malfeasance in office, accused of running a bookmaking operation out of his Meraux home and the Metairie office where he worked as a member of a multiagency drug task force, officials said.
		"A Louisiana state trooper has been booked with money laundering and malfeasance in office, accused of running a bookmaking operation out of his Meraux home and the Metairie office where he worked as a member of a multiagency drug task force, officials said.
		"Trooper Warren Ayo Jr., a 13-year veteran, was booked Monday in both St. Bernard and Jefferson Parish on identical charges of malfeasance in office, money laundering and gambling by computer, State Police Spokesman Lt. Lawrence McLeary said.
	www.casinocitytimes.com /news/article.cfm?contentID=151646 (268 words)

	FELT, SPIVA QUIT BEACH SCHOOL BOARD 5 TARGETED BY GRAND JURY REMAIN; MORE MAY LEAVE SOON
		Their decisions were the first of possibly five more resignations that may arise following the jury's demand that the board members and the district's chief financial officer leave office or face prosecution for malfeasance of office.
		Conviction of malfeasance of office is a misdemeanor that carries a modest financial penalty of $250 and the more severe sanction of job loss.
		At the conclusion of their remarks, both Felt and Spiva received standing ovations from district employees, many of whom believe their livelihoods have been hurt by the City Council trimming school budgets in recent years.
	scholar.lib.vt.edu /VA-news/VA-Pilot/issues/1996/vp960301/03010454.htm (968 words)

	The Sentinel
		Recall Petition Says OfficialShould Be Removed for 'Malfeasance in Office'
		The Ethics Commission of the city of Fairmount Heights has moved to recall councilwoman Madeline Richardson from the town council, citing "malfeasance in office" when she accepted a block grant to renovate her parents' house.
		The recall effort arises from the councilwoman's acceptance of a $20,000 block grant to restore her parents' home on Addison Road.
	www.thesentinel.com /306486040216774.php (404 words)

	Webfactory Bulgaria Web Site Design And Development Company News (Site not responding. Last check: 2007-11-01)
		Now he is renewing his attack, this time asking for he renewal of the case for malfeasance in office in a deal the Business Centre at
		The court halted the two trials because of the MP immunity of Sofianski who entered the parliament on the quota of the tiniest faction Bulgarian People's Union.
		In its ongoing litigation, the CFTC is seeking a permanent injunction against Yanev, repayment to injured customers, restitution, disgorgement of ill-gotten gains, and a monetary penalty.
	www.webfactorybulgaria.com /news.php?newsid=396 (3903 words)

	Title 5 - §4565. Removal from office (Site not responding. Last check: 2007-11-01)
		Any member of the commission may be removed by the Governor for inefficiency, neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges.
		The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
		If you need legal advice, please consult a qualified attorney.
	janus.state.me.us /legis/statutes/5/title5sec4565.html (72 words)

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