United States — Missouri
Missouri Revised Statutes § 106.150 - Proceedings ex parte
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If the accused does not appear after notice, or appears but fails to answer, the court or commission may proceed ex parte.
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United States — Missouri
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If the accused does not appear after notice, or appears but fails to answer, the court or commission may proceed ex parte.
United States — Missouri
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Before an impeachment trial proceeds, an authorized person must administer an oath or affirmation to the relevant commissioners or supreme court judges, and no member may sit or vote until sworn.
United States — Missouri
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Impeachment trials are to be heard and decided by the supreme court or special commission after the members are sworn.
United States — Missouri
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In these trials, the accused has a right to be heard personally and by counsel, and a conviction on impeachment requires concurrence of five-sevenths of the judges or special commissioners.
United States — Missouri
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A person who has been convicted or acquitted can still be indicted, tried, judged, and punished for any indictable offense.
United States — Missouri
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The supreme court or special commission must prepare a transcript of impeachment proceedings and ensure the judgment is signed, attested, and filed with the secretary of state.
United States — Missouri
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Writs from the court or commission must run in the name of the state of Missouri and be signed, countersigned, and served as specified.
United States — Missouri
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Certain county, city, town, or township officers can lose office if they do not personally do their duties, violate or neglect official duties, or fail to carry out required criminal-law duties.
United States — Missouri
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A person with knowledge of certain misconduct by an official may file an affidavit, and the prosecuting attorney must file a circuit court complaint if the affidavit justifies prosecution.
United States — Missouri
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After an affidavit is filed under section 106.230 against a prosecuting attorney, the circuit court judge may appoint a special prosecutor.
United States — Missouri
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After an affidavit is filed, the governor may direct the attorney general to help prosecute the officer, and the attorney general may file a complaint if the prosecutor refuses.
United States — Missouri
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In certain proceedings, specified prosecutors may ask the court to disqualify a sheriff from jury summoning, and the judge may appoint an elisor instead.
United States — Missouri
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A court must remove an officer found guilty under this section, and that officer cannot be chosen to fill the resulting vacancy.
United States — Missouri
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This section allows a nonelected chief law enforcement officer to be removed only for just cause and with notice, a chance to be heard, and a two-thirds governing-body vote.
United States — Missouri
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A defendant in these prosecutions can appeal to the Missouri Supreme Court, and the appeal gets priority. The officer is suspended during the appeal, a qualified county resident is appointed temporarily, and costs and prosecuting attorney fees are paid by the county.
United States — Missouri
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If the defendant is acquitted, the complainant must pay all costs; in some cases the court may require security for those costs and dismiss the complaint if security is not given.
United States — Missouri
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Sureties for county officers must be residents of the county where the bond is executed.
United States — Missouri
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Certain Missouri officials and court officers cannot be taken as surety on official bonds given by state officers.
United States — Missouri
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If a court learns that a surety on an officer’s official bond is no longer suitable, the court must order the officer to provide additional security.
United States — Missouri
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If a bond surety becomes unavailable or insufficient, the court must order the officer to provide new security by a named day, or the office is forfeited and becomes vacant.