Removal of Other Officers. Text of the section: current and prior versions.

Every citing reference in the corpus: 7 court opinions and 0 Attorney General opinions. Counts include the section's pre-1981 designation (§ 197), era-gated by the renumbering crosswalk.

Generated from the citation graph of the validated corpus. Treatment groupings (construing / citing / recital) are heuristic reading aids, not editorial judgments — read the opinion before relying on any signal.

• State ex rel. Wehe v. Frazier, 1921 ND 28 (1921, Birdzell, J.) · construes, quotes the provision
  • “…r. 29 Cyc. 1406. Thus, the Legislature may exercise the power directly by impeachment proceedings. Sections 194-196, N. D. Const. Again the Legislature, pursuant to constitutional provision, might grant this power [*548] of removal to the judicial department. Section 197, N. D. Const., provides that all officers not liable to impeachment shall be subject to removal for certain acts, in such manner as may be provided by law. This court has held, in construing such constitutional provisio…”
• State ex rel. Olson, Highway Com'r, v. Welford, Acting Governor, 1935 ND 28 (1935, Burke, J.) · construes, quotes the provision
  • “…is power. 29 Cyc. 1406. Thus, the Legislature may exercise the power directly by impeachment proceedings. Sections 194-196, N. D. Const. Again the Legislature, pursuant to constitutional provision, might grant this power of removal to the judicial department. Section 197, N. D. Const., provides that all officers not liable to impeachment shall be subject to removal for certain acts, in such manner as may be provided by law. This court has held, in construing such constitutional provisio…”
• State ex rel. Ilvedson v. District Court in and for Ward County, 1940 ND 17 (1940, Christianson, J.) · quotes the provision
  • “…d other County officers named in Section 173 of the Constitution) "shall be subject to removal for misconduct, malfeasance, crime or misdemeanor in office, or for habitual drunkenness or gross incompetency in such manner as may be provided by law." N.D.Const. § 197. "The provisions of this constitution are mandatory [*625] and prohibitory unless, by express words, they are declared to be otherwise." N.D.Const. § 21. It is apparent, therefore, that a state's attorney, chosen by the…”
• State ex rel. Joos v. Guy, 1963 ND 59 (1963, Burke, J.) · quotes the provision
  • “…harges were sustained by the evidence submitted at the hearing and ordered that relator be removed from office. Upon this review relator urges that these proceedings are wholly void for want of jurisdiction. His first challenge to jurisdiction is founded upon Section 197 of the Constitution of North Dakota. This section provides: 'All officers not liable to impeachment, shall be subject to removal for misconduct, malfeasance, crime or misdemeanor in office, or for habitual drunkenness o…”
• Goughnour v. Brant, 1921 ND 34 (1921, Christianson, J.) · quotes the provision
  • “…only. N. D. Const. § 196. "All officers not liable to impeachment" were "subject to removal for misconduct, malfeasance, crime or misdemeanor in office, or for habitual drunkenness or gross incompetency in such manner as may be provided by law." N. D. Const. § 197. Certain county offices, such as superintendent of schools, county judge, clerk of district court, register of deeds, county auditor, treasurer, sheriff, and state's attorney were imbedded in the Constitution, and the t…”

• State ex rel. Kositzky v. Prater, 1922 ND 86 (1922, Bronson, J.)
• State ex rel. Moore v. Archibald, 1896 ND 1 (1896, Corliss, J.)

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