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eBook details

• Title: Ryan v. Norby
• Author : Supreme Court of Montana
• Release Date : January 27, 1946
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Submitted January 7, 1946. 1. Judges — Removal from office under constitution. The office of police judge recognized by the Constitution but created by the Legislature is not a constitutional but a statutory office, and a police judge is not a ""judicial officer"" within the constitutional provision for removal of judicial officers by impeachment and therefore, a police judge is subject to removal from office under the constitutional provision that all officers not liable to impeachment shall be subject to removal for misconduct or misfeasance in office in such manner as may be provided by law. 2. Constitutional law — ""Due process"" — Definition of. Notice and opportunity for a hearing are a part of ""due process of law"". 3. Constitutional law — Officer Right to a public office is property. The incumbent of a public office for a definite term carrying a fixed salary has a ""property interest"" therein within statute defining property and within constitutional provision that no person shall be deprived of property without due process of law. 4. Constitutional law — Statute providing for removal of public officer by state examiner invalid. The statute declaring an elective public office for a fixed term vacant on mere filing of a final verified report by the state examiner showing a shortage in the accounts in the office without notice or hearing is invalid as denying ""due process of law"", and the provision of the statute authorizing action in quo warrantor to test the accuracy of the examiner's report does not fulfill the requirement. 5. Courts — Public officer must have notice and hearing before removal from office. Where the city notified a police judge that a final report of the state examiner had been filed with city council disclosing a shortage in accounts of the police judge and that acting under statute the council declared the office of police judge vacant, the police judge who had not been given notice and opportunity to defend was entitled to a writ requiring the city council to annul the proceedings taken against him.

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