25-21,148 Public officers; malfeasance; action in Supreme Court; suspension of defendant; temporary appointment. - Nebraska Statutes

25-21,148. Public officers; malfeasance; action in Supreme Court; suspension of defendant; temporary appointment.The Attorney General of the State of Nebraska or a special attorney designated by the Governor, when directed by the Governor, shall institute and prosecute quo warranto proceedings in the Supreme Court against any such county attorney or prosecuting officer, sheriff, police officer or police commissioner, mayor or other officer, who holds his office by a vote of the people. During the pendency of such proceedings such officer may by the Governor be suspended from performing the duties of his office, and temporary appointment may be made by the Governor for the performance of the duties of such office. If the court shall find that such suspended officer has willfully failed or refused to enforce any law which it is his duty as such officer to perform, then the court shall render judgment of ouster against such officer and the office shall thereby become vacant. SourceLaws 1907, c. 87, § 2, p. 306; R.S.1913, § 8355; C.S.1922, § 9307; Laws 1923, c. 116, § 1, p. 277; C.S.1929, § 20-21,139; R.S.1943, § 25-21,148; Laws 1965, c. 118, § 2, p. 451; Laws 1972, LB 1032, § 44.