Missouri Revised Statutes
Chapter 106 - Removal and Impeachment of Public Officers
Section 106.230 - Complaint against officer — duty of prosecuting attorney.

Effective - 28 Aug 1939
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 or fraudulent violations or neglect of any official duty, or has knowingly or willfully failed or refused to perform any official act or duty which by law it was his duty to do or perform with respect to the execution or enforcement of the criminal laws of this state, he may make his affidavit before any person authorized to administer oaths, setting forth the facts constituting such offense and file the same with the clerk of the court having jurisdiction of the offense, for the use of the prosecuting attorney or deposit it with the prosecuting attorney, furnishing also the names of witnesses who have knowledge of the facts constituting such offense; and it shall be the duty of the prosecuting attorney, if, in his opinion, the facts stated in said affidavit justify the prosecution of the official charged, to file a complaint in the circuit court as soon as practicable upon such affidavit, setting forth in plain and concise language the charge against such official, or the prosecuting attorney may file such complaint against such official upon his official oath and upon his own affidavit.
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(RSMo 1939 § 12829)
Prior revisions: 1929 § 11203; 1919 § 9176; 1909 § 10205

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title VIII - Public Officers and Employees, Bonds and Records

Chapter 106 - Removal and Impeachment of Public Officers

Section 106.010 - Appointive officers — removal.

Section 106.020 - Who is impeachable — reasons for impeachment.

Section 106.030 - Power of impeachment — trial.

Section 106.040 - Articles of impeachment — transmittal.

Section 106.050 - Suspension of impeached officer.

Section 106.060 - Office vacated by suspension — temporary appointment.

Section 106.070 - Service of articles of impeachment.

Section 106.080 - Impeachment commission — members — meeting.

Section 106.090 - Organization of commission — summons to accused — employment of clerical help.

Section 106.100 - Serving of summons.

Section 106.110 - Compensation to members of commission.

Section 106.120 - Accused to be given time to answer.

Section 106.130 - Depositions.

Section 106.140 - Manner of taking depositions.

Section 106.150 - Proceedings ex parte.

Section 106.160 - Impeachment proceedings — oath.

Section 106.170 - Impeachment trial proceedings.

Section 106.180 - Rights of accused — five-sevenths majority required to convict.

Section 106.190 - Accused party subject to indictment.

Section 106.200 - Disposition of transcript and judgment.

Section 106.210 - Writ to run in name of state.

Section 106.220 - Forfeiture of office — reasons for.

Section 106.230 - Complaint against officer — duty of prosecuting attorney.

Section 106.240 - Appointment of special prosecutor.

Section 106.250 - Action by attorney general.

Section 106.260 - Appointment of special sheriff.

Section 106.270 - Removal of officer — vacancy, how filled.

Section 106.273 - Removal of chief law enforcement officer, when.

Section 106.280 - Right of appeal.

Section 106.290 - Payment of costs.