|
|
 |
| |
| |
| Quo
Warranto. |
| |
- Quo warranto is an extraordinary
procedure used to prevent an official
or legal entity from exercising
its authority in an unlawful manner
and to try title to a public office,
corporate office or franchise.
- The primary question in quo
warranto cases is whether some
person or corporation has usurped
or intruded into another's lawful
office or authority, or whether
that person is unlawfully holding
or executing an office or franchise.
- If the person against whom
a quo warranto action is brought
is found to not have a valid
claim to the office or authority
he is holding or exercising,
he can be ousted from office
or prevented from continuing
to exercise that authority.
- The theory is that the office
or franchise has been forfeited
by an act of misconduct by the
official or corporation and
thus is usurping power illegally.
- Some examples of the use of quo
warranto are:
- To determine whether a public
official is qualified to hold
his office and exercise the
functions of the office. Grounds
for quo warranto might be corruption
in office, willful failure to
perform statutory duties, or
not having the qualifications
prescribed by statute for an
office.
- To test the legality of an
annexation by a municipality.
The party challenging the annexation
has the burden of proving it
is illegal.
- To forfeit the charter of
a business corporation for such
things as criminal violations,
conducting business in an unlawful
manner, fraudulently issuing
stock, etc.
- To terminate the franchise
of a utility company.
- The procedure in quo warranto
proceedings is set out in Rule 98
and Chapter 531, RSMo.
- The Supreme Court, Court of
Appeals and circuit courts have
concurrent jurisdiction of quo
warranto proceedings. Accordingly,
quo warranto may be initiated
in either a circuit or appellate
court, depending on the nature
of the case and the respondent.
- Generally, venue in quo warranto
is governed by the same rules
and statutes governing civil
legal cases.
- A private citizen cannot initiate
a quo warranto proceeding. It
is brought by the prosecuting
attorney or circuit attorney
for matters arising within the
county or circuit and by the
Attorney General for matters
of statewide scope.
- The party seeking relief
is called the
relator and the person
against whom relief is sought
is the
respondent. The action
is brought in the name of
the State of Missouri.
- The Attorney General may
bring an action on his own
information, in which case
the suit would be: "State
of Missouri ex inf. John
Doe, Attorney General v.
John Smith."
- The Attorney General may
bring the action at the
relation of a person who
has a special interest in
the subject matter of the
action, in which case the
suit would be: "State
of Missouri ex inf. John
Doe, Attorney General, ex
rel. Richard Roe v. John
Smith."
- Similar rules are followed
for actions brought by the
prosecuting or circuit attorney.
- The private citizen seeking
to have a quo warranto action
filed must have a special
interest in the matter,
an interest greater than
that of the general public.
- Notice of the filing of a
quo warranto information must
be given to the respondent similar
to cases for writ of prohibition.
The respondent then files his
answer.
- An actual trial in quo warranto
is rare. Normally, the parties
will stipulate to the facts
and argue the law before the
court or in briefs. The Supreme
Court may appoint a master or
commissioner to hear evidence,
if required.
- The court may oust a corporation
from its franchise (in effect,
terminate the corporate charter)
or remove an official from office,
or order less drastic action,
such as a fine, or leave an
official in office but direct
him to cease the unlawful usurpation
of power. A fine may, however,
be imposed in addition to ouster.
Persons disobeying an order
in quo warranto may be found
in contempt of court.
- If quo warranto is sought
by the Attorney General or a
prosecuting attorney, a preliminary
rule (as in prohibition) will
be issued as a matter of course.
The issuance of a preliminary
rule is not "automatic,"
however, if quo warranto is
requested by a private citizen
through the Attorney General
or prosecuting or circuit attorney.
NEWS REPORTER'S HANDBOOK ON LAW
AND COURTS
The Missouri Press-Bar Commission
(Last Update: 2001)
|
| |
| |
|
|
|
|
