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In anticipation of a situation where a quo warranto proceeding may be an option for me, I noticed that the Civil Practice & Remedies Code says a county or district attorney "may" initiate a quo warranto proceeding to remove an official. I'm curious as to what your opinions might be on why one would not choose to initiate a proceeding if the elected official was not qualified to hold the office?
 
Posts: 50 | Registered: July 08, 2004Reply With QuoteReport This Post
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Interesting question. From my own perspective, if an elected official is not qualified under law, I'm inclined to file. The discretionary component would be most pertinent, I suppose, when the factual issue of qualification was a very close one or there were extraordinary (and correctable) extenuating circumstances.
 
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001Reply With QuoteReport This Post
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