Missouri Constitution

Article VII
PUBLIC OFFICERS
Section 4

August 28, 2007



Removal of officers not subject to impeachment.

Section 4. Except as provided in this constitution, all officers not subject to impeachment shall be subject to removal from office in the manner and for the causes provided by law.

Source: Const. of 1875, Art. XIV, § 7.

(1954) Prosecuting attorney held authorized to prosecute quo warranto proceedings to remove county officers for malfeasance. Conviction is not prerequisite to such proceeding nor is officer entitled to jury trial. State ex Inf. Saunders v. Burgess, 364 Mo. 548, 264 S.W.2d 339.

(1956) Statutory remedy for removal of officers, adopted under § 4, Art. VII of the Const., is not exclusive and does not limit the jurisdiction of the Supreme Court in quo warranto. State ex 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. Mosely, 365 Mo. 711, 286 S.W.2d 721.

(1971) The Supreme Court has jurisdiction to hear quo warranto proceedings to remove county officer. State v. Orton (Mo.), 465 S.W.2d 618.


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