Missouri Revised Statutes

Mo. Rev. Stat. § 106.270 (2026)

Removal of officer

✓ current as of May 2026
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  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 any willful, corrupt or fraudulent violation or neglect of official duty, or of knowingly or willfully failing or refusing to do or perform any official act or duty which by law it is made his duty to do or perform with respect to the execution or enforcement of the criminal laws of the state, the court shall render judgment removing him from such office, and he shall not be elected or appointed to fill the vacancy thereby created, but the same shall be filled as provided by law for filling vacancies in other cases.  All actions and proceedings under sections 106.220 to 106.290 shall be in the nature of civil actions, and tried as such.

  2.  Nothing in this section shall be construed to authorize the removal or discharge of any chief, as that term is defined in section 106.273.

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(RSMo 1939 § 12833, A.L. 2013 H.B. 307)

Prior revisions: 1929 § 11207; 1919 § 9180; 1909 § 10209

Notes of Decisions
Cited in 2 cases, 1971–1989 · leading case: State ex rel. Peach v. Boykins, 779 S.W.2d 236 (Mo. 1989).
State ex rel. Peach v. Boykins, 779 S.W.2d 236 (Mo. 1989). · cites it 2× “This Court does not base ouster on her failure to personally attend to the duties of her office, although the record strongly suggests that the office was actually operated and managed by the Chief Deputy, Henry Adams.”
State ex inf. Danforth v. Orton, 465 S.W.2d 618 (Mo. 1971). “This action is in the nature of a civil proceeding — § 106.270. Section 106.280 provides that “in all prosecutions under sections 106.”
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