Nebraska State Constitution Article IV-5

Article IV-5



A civil officer of this state shall be liable to impeachment for any misdemeanor in office or for any misdemeanor in pursuit of such office.



The phrase "misdemeanor in office" is a term of art, and the word "misdemeanor" in this phrase is not used as it is in a criminal context. An officer's conduct need not rise to the level of an indictable offense to be considered an impeachable offense. Nebraska Legislature on behalf of State v. Hergert, 271 Neb. 976, 720 N.W.2d 372 (2006).

An act or omission for which an officer may be impeached and removed from office must relate to the duties of the office. A misdemeanor in office may consist of a violation of some provision in the Constitution or a statute, willful neglect of duty done with a corrupt intention, or negligence so gross and disregard of duty so flagrant as to warrant an inference that it was willful and corrupt. A violation of the Code of Professional Responsibility is not, as such, an impeachable offense. State v. Douglas, 217 Neb. 199, 349 N.W.2d 870 (1984).

Holder of constitutional office may be removed only by impeachment. Fitzgerald v. Kuppinger, 163 Neb. 286, 79 N.W.2d 547 (1956).

County judge can be removed only by impeachment. Conroy v. Hallowell, 94 Neb. 794, 144 N.W. 895 (1913).

The word "term" does not include time for which office is held under appointment. Dodson v. Bowlby, 78 Neb. 190, 110 N.W. 698 (1907).

Misdemeanor under this section is violation of positive statute or Constitution amounting to crime, or willful neglect of duty with corrupt intent or gross negligence inferring willful or corrupt intent. State v. Hastings, 37 Neb. 96, 55 N.W. 774 (1893).

Impeachment power cannot be delegated by Legislature. State v. Leese, 37 Neb. 92, 55 N.W. 798 (1893).

Officer cannot be impeached after his term has expired. State v. Hill, 37 Neb. 80, 55 N.W. 794 (1893).