TDCAA Community
Quo Warranto

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/7641098961

June 24, 2008, 15:17
MWS
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 Brumley
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.