Title VIII — PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

106.010. Appointive officers — removal. — The governor shall have power and he is hereby authorized to remove from office, without assigning any other reason therefor, any appointive state official required by law to be appointed by the governor, whenever in his opinion such remo…

106.020. Who is impeachable — reasons for impeachment. — All elective executive officials of the state, judges of the supreme court, the court of appeals and circuit judges shall be liable to impeachment for crime, misconduct, habitual drunkenness, willful neglect of duty, corrup…

106.030. Power of impeachment — trial. — The house of representatives shall have the sole power of impeachment. All impeachments shall be tried before the supreme court, except that the governor or a member of the supreme court shall be tried by a special commission as provided f…

106.040. Articles of impeachment — transmittal. — When the house of representatives shall be satisfied that there is good cause to impeach any officer, they shall cause articles of impeachment to be made out in due form against such officer and shall transmit the same to the supr…

106.050. Suspension of impeached officer. — If any officer shall be impeached, he is hereby suspended from exercising his office, after he shall be notified thereof, until his acquittal. ­­-------- (RSMo 1939 § 12837, A.L. 1945 p. 1319 § 12839) Prior revisions: 1929 § 11211; 1919…

106.060. Office vacated by suspension — temporary appointment. — If the secretary of state, state auditor, state treasurer or attorney general be impeached, and notified thereof, an appointment shall be made by the governor to supply such vacancy until such impeachment shall be d…

106.070. Service of articles of impeachment. — When articles of impeachment shall be presented to the supreme court, the court shall immediately appoint some day for the appearance of the accused and cause a summons to be issued, signed by the chief justice of the court and count…

106.080. Impeachment commission — members — meeting. — If the governor or a judge of the supreme court shall be impeached, the house of representatives shall immediately transmit such articles of impeachment to the senate who shall, without delay, proceed to the election of a spe…

106.090. Organization of commission — summons to accused — employment of clerical help. — Immediately upon meeting, the commission shall proceed to organize by electing a president and a secretary and thereupon shall designate some day not less than twenty days nor more than thir…

106.100. Serving of summons. — The notices as required by sections 106.070 and 106.090 shall be served on the accused personally, if he can be found; and if he cannot be found, then by leaving a copy of such summons and articles of impeachment at his dwelling house or usual place…

106.110. Compensation to members of commission. — Each member of the special commission, provided for in section 106.080, shall be allowed an amount not to exceed ten dollars per day for actual and necessary expenses incurred in the performance of his duties, which allowance shal…

106.120. Accused to be given time to answer. — Upon the appearance of the accused, he shall have reasonable time to answer the impeachment; and when the answer shall be filed, the managers may reply thereto; and when issue shall be joined on any such impeachment, the court or com…

106.130. Depositions. — The president of the commission or the chief justice of the supreme court, as the case may be, on application of the respondent, or any of his counsel, or either of the managers, shall issue subpoenas for witnesses and commissions to take depositions where…

106.140. Manner of taking depositions. — Such depositions shall be taken in the same manner and the same notice be given as where depositions are taken in circuit court. ­­-------- (RSMo 1939 § 12844, A.L. 1945 p. 1319 § 12848) Prior revisions: 1929 § 11218; 1919 § 9191; 1909 § 1…

106.150. Proceedings ex parte. — If the accused shall not appear after being notified, or, after appearing shall fail to answer, the court or commission may proceed ex parte. ­­-------- (RSMo 1939 § 12845, A.L. 1945 p. 1319 § 12849) Prior revisions: 1929 § 11219; 1919 § 9192; 190…

106.160. Impeachment proceedings — oath. — At the time and place appointed for trial, and before proceeding thereon, some person authorized by law so to do shall administer to the members of the special commission, in cases of impeachment of the governor or a judge of the supreme…

106.170. Impeachment trial proceedings. — The members being sworn, the supreme court or the special commission, as the case may be, shall proceed to hear, try and determine such impeachment, and may adjourn the trial to any other time; and the court or commission shall determine …

106.180. Rights of accused — five-sevenths majority required to convict. — In all such trials the accused shall have a right to be heard by himself and his counsel, and all matters relating to procedure and the conduct of the trial shall be determined by a majority vote of the ju…

106.190. Accused party subject to indictment. — The party convicted or acquitted shall, notwithstanding such conviction or acquittal, be subject to indictment, trial, judgment and punishment, for any indictable offense, according to the law of the land. ­­-------- (RSMo 1939 § 12…

106.200. Disposition of transcript and judgment. — The supreme court or special commission, as the case may be, shall cause a transcript of the proceedings had on any impeachment to be made out, and the judgment of the court or commission, whether of conviction or acquittal, whic…

106.210. Writ to run in name of state. — All writs by the court or commission shall run in the name of the state of Missouri, shall be subscribed by the presiding officer and countersigned by a judge of the supreme court or in cases of impeachment of the governor or a judge of th…

106.220. Forfeiture of office — reasons for. — Any person elected or appointed to any county, city, town or township office in this state, except such officers as may be subject to removal by impeachment, who shall fail personally to devote his time to the performance of the duti…

106.230. Complaint against officer — duty of prosecuting attorney. — When any person has knowledge that any official mentioned in section 106.220 has failed, personally, to devote his time to the performance of the duties of such office, or has been guilty of any willful, corrupt…

106.240. Appointment of special prosecutor. — Upon the filing of the affidavit as provided in section 106.230, against any prosecuting attorney, the judge of the circuit court of said county may appoint a special prosecutor, who shall have power and authority to file a complaint,…

106.250. Action by attorney general. — When an affidavit has been filed with the clerk of the circuit court of any county in this state, as provided in sections 106.230 and 106.240, the governor may, in his discretion, direct the attorney general to assist in the prosecution agai…

106.260. Appointment of special sheriff. — In any proceedings instituted under the provisions of sections 106.220 to 106.290, the attorney general, prosecuting attorney or special prosecutor appointed by the court may file with the clerk of the circuit court an affidavit that he …

106.270. Removal of officer — vacancy, how filled. — 1. If any official against whom a proceeding has been filed, as provided for in sections 106.220 to 106.290, shall be found guilty of failing personally to devote his time to the performance of the duties of such office, or of …

106.273. Removal of chief law enforcement officer, when. — 1. For the purposes of this section, the following terms shall mean: (1) "Chief", any nonelected chief law enforcement officer of any political subdivision; (2) "Just cause", exists when a chief: (a) Is unable to perform …

106.280. Right of appeal. — In all prosecutions under sections 106.220 to 106.290, the defendant shall, upon conviction, after judgment of removal is entered, be entitled to an appeal to the supreme court of Missouri, and said cause shall have precedence in said court on such app…

106.290. Payment of costs. — If, upon the trial of such cause, the defendant be acquitted, the complainant shall be adjudged to pay all costs, and upon motion for that purpose, filed before said cause shall be called for trial, the court may compel him to give security for paymen…