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Quo
Warranto. |
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- Quo warranto is an extraordinary
procedure used to prevent an official
or legal entity from exercising
its authority in an unlawful manner
and to try title to a public office,
corporate office or franchise.
- The primary question in
quo warranto cases is whether
some person or corporation
has usurped or intruded into
another's lawful office or
authority, or whether that
person is unlawfully holding
or executing an office or
franchise.
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If the
person against whom a quo
warranto action is brought
is found to not have a valid
claim to the office or authority
he is holding or exercising,
he can be ousted from office
or prevented from continuing
to exercise that authority.
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The theory
is that the office or franchise
has been forfeited by an act
of misconduct by the official
or corporation and thus is
usurping power illegally.
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Some examples
of the use of quo warranto are:
- To determine whether a public
official is qualified to hold
his office and exercise the
functions of the office. Grounds
for quo warranto might be
corruption in office, willful
failure to perform statutory
duties, or not having the
qualifications prescribed
by statute for an office.
- To test the legality of
an annexation by a municipality.
The party challenging the
annexation has the burden
of proving it is illegal.
- To forfeit the charter of
a business corporation for
such things as criminal violations,
conducting business in an
unlawful manner, fraudulently
issuing stock, etc.
- To terminate the franchise
of a utility company.
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The procedure
in quo warranto proceedings is
set out in Rule 98 and Chapter
531, RSMo.
- The Supreme Court, Court
of Appeals and circuit courts
have concurrent jurisdiction
of quo warranto proceedings.
Accordingly, quo warranto
may be initiated in either
a circuit or appellate court,
depending on the nature of
the case and the respondent.
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Generally,
venue in quo warranto is governed
by the same rules and statutes
governing civil legal cases.
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A private
citizen cannot initiate a
quo warranto proceeding. It
is brought by the prosecuting
attorney or circuit attorney
for matters arising within
the county or circuit and
by the Attorney General for
matters of statewide scope.
- The party seeking relief
is called the
relator and the person
against whom relief is
sought is the
respondent. The action
is brought in the name
of the State of Missouri.
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The
Attorney General may bring
an action on his own information,
in which case the suit
would be: "State
of Missouri ex inf. John
Doe, Attorney General
v. John Smith."
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The
Attorney General may bring
the action at the relation
of a person who has a
special interest in the
subject matter of the
action, in which case
the suit would be: "State
of Missouri ex inf. John
Doe, Attorney General,
ex rel. Richard Roe v.
John Smith."
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Similar
rules are followed for
actions brought by the
prosecuting or circuit
attorney.
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The
private citizen seeking
to have a quo warranto
action filed must have
a special interest in
the matter, an interest
greater than that of the
general public.
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Notice
of the filing of a quo warranto
information must be given
to the respondent similar
to cases for writ of prohibition.
The respondent then files
his answer.
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An actual
trial in quo warranto is rare.
Normally, the parties will
stipulate to the facts and
argue the law before the court
or in briefs. The Supreme
Court may appoint a master
or commissioner to hear evidence,
if required.
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The court
may oust a corporation from
its franchise (in effect,
terminate the corporate charter)
or remove an official from
office, or order less drastic
action, such as a fine, or
leave an official in office
but direct him to cease the
unlawful usurpation of power.
A fine may, however, be imposed
in addition to ouster. Persons
disobeying an order in quo
warranto may be found in contempt
of court.
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If quo
warranto is sought by the
Attorney General or a prosecuting
attorney, a preliminary rule
(as in prohibition) will be
issued as a matter of course.
The issuance of a preliminary
rule is not "automatic,"
however, if quo warranto is
requested by a private citizen
through the Attorney General
or prosecuting or circuit
attorney.
NEWS REPORTER'S HANDBOOK ON LAW AND
COURTS
The Missouri Press-Bar Commission
(Last Update: 2001)
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