Quo Warranto
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?
June 25, 2008, 10:30
Scott BrumleyInteresting 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.