60-1205.
Grounds for forfeiture of public office.
Every person holding any office of trust or profit, under and by virtue of any of the laws of the state of Kansas, either state, district, county, township or city office, except those subject to removal from office only by impeachment, who shall (1) willfully engage in misconduct while in office, (2) willfully neglect to perform any duty enjoined upon such person by law, (3) demonstrate mental impairment such that the person lacks the capacity to manage the office held, or (4) who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit such person's office and shall be ousted from such office in the manner hereinafter provided.
History:
L. 1963, ch. 303, 60-1205; L. 2003, ch. 127, § 10; July 1.
Notes of Decisions
Cited in
8
cases, 1977–2020 · leading case:
State v. Morrison, 359 P.3d 60 (Kan. 2015).
State v. Morrison, 359 P.3d 60 (Kan. 2015).
· cites it 47× “: The State of Kansas brought a quo warranto action pursuant to K.S.A. 60-1205 to remove David Scott Morrison from his position on the Prairie Village City Council.”
State Ex Rel. Stovall v. Meneley, 22 P.3d 124 (Kan. 2001).
· cites it 3× “The attorney general or any county attorney in the county of his or her jurisdiction, upon receiving written notice that an officer covered by K.S.A. 60-1205 has violated any of the provisions thereof, shall investigate the complaint.”
Couser v. Gay, 959 F.3d 1018 (10th Cir. 2020).
“” Kan. Stat. Ann. § 60-1205 . Moreover, only the attorney general may initiate removal proceedings against state officers.”
State of Iowa v. Abraham K. Watkins, 914 N.W.2d 827 (Iowa 2018).
“ul neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties for any offense…”
State Ex Rel. Miller v. Richardson, 623 P.2d 1317 (Kan. 1981).
“” K.S.A. 60-1205 sets forth grounds for forfeiture of public office as follows: “Every person holding any office of trust or profit, under and by virtue of any of the laws of the state of Kansas, either state, district, county, township or city office, except those subject to…”
State Ex Rel. Tomasic v. Cahill, 567 P.2d 1329 (Kan. 1977).
“” K.S.A. 60-1205 sets forth the grounds for forfeiture of public office: “Every person holding any office of trust or profit, under and by virtue of any of the laws of the state of Kansas, either state, district, county, township or city office, except those subject to removal…”
State v. Morrison, 335 P.3d 1204 (Kan. Ct. App. 2014).
· cites it 6× “Because we find that the undisputed facts of this case do not, as a matter of law, satisfy the criteria for judicial ouster contained in K.S.A. 60-1205, we reverse the decision of the lower court and remand with directions that judgment be entered in Morrison’s favor, thus…”
— K.S.A. § 60-1205(1) — 3 cases
State v. Morrison, 359 P.3d 60 (Kan. 2015).
“: The State of Kansas brought a quo warranto action pursuant to K.S.A. 60-1205 to remove David Scott Morrison from his position on the Prairie Village City Council.”
State Ex Rel. Stovall v. Meneley, 22 P.3d 124 (Kan. 2001).
“The attorney general or any county attorney in the county of his or her jurisdiction, upon receiving written notice that an officer covered by K.S.A. 60-1205 has violated any of the provisions thereof, shall investigate the complaint.”
State v. Morrison, 335 P.3d 1204 (Kan. Ct. App. 2014).
“Because we find that the undisputed facts of this case do not, as a matter of law, satisfy the criteria for judicial ouster contained in K.S.A. 60-1205, we reverse the decision of the lower court and remand with directions that judgment be entered in Morrison’s favor, thus…”
— K.S.A. § 60-1205(2) — 1 case
State v. Morrison, 359 P.3d 60 (Kan. 2015).
“: The State of Kansas brought a quo warranto action pursuant to K.S.A. 60-1205 to remove David Scott Morrison from his position on the Prairie Village City Council.”
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