Any county attorney or prosecuting officer, sheriff, mayor, police officer, or police commissioner, or other officer, who shall willfully fail, neglect or refuse to enforce any law which it is made his duty to enforce shall thereby forfeit his office and may be removed therefrom.
§ 25-21,147.Public officers; malfeasance; ouster.
Article 21: Special Proceedings and Actions · Last amended 1972 · Last verified July 22, 2026
In one sentenceThis section forfeits the office of any county attorney, prosecuting officer, sheriff, mayor, police officer, police commissioner, or other officer who willfully fails, neglects, or refuses to enforce a law it is their duty to enforce, and allows their removal.
Full Text of § 25-21,147
Source
Laws 1907, c. 87, § 1, p. 306; R.S.1913, § 8354; C.S.1922, § 9306; C.S.1929, § 20-21,138; R.S.1943, § 25-21,147; Laws 1972, LB 1032, § 143.
Plain-English Summary
Section 25-21,147 sets a floor for how local officials treat the laws they are sworn to enforce. It names a list of officers — county attorney, prosecuting officer, sheriff, mayor, police officer, police commissioner, and other officers generally — and states that any of them who willfully fails, neglects, or refuses to enforce a law it is their duty to enforce forfeits the office by that failure.
Forfeiture is not automatic removal from the payroll; the section pairs the forfeiture with a right to remove the officer from the position. The key word is "willfully." An officer who makes a good-faith judgment call about enforcement priorities is not in the same position as one who deliberately refuses to do the job. The next section, 25-21,148, spells out the actual court procedure for pursuing removal against officers who hold their positions by a vote of the people.
Frequently Asked Questions
Which officials does this section cover?
County attorneys, prosecuting officers, sheriffs, mayors, police officers, police commissioners, and other officers who have a duty to enforce the law.
What triggers forfeiture of office under this section?
A willful failure, neglect, or refusal to enforce a law the officer has a duty to enforce.
Does an honest mistake or a discretionary call cost an officer their job?
The section is triggered by willful conduct, so a good-faith enforcement decision is not the same as a willful refusal to enforce the law.
Does forfeiture happen automatically the moment an officer fails to act?
The section states that willful failure forfeits the office and allows removal, but the mechanics of an actual removal proceeding are carried out through the court process described in section 25-21,148.
Is this section only about elected officials?
No. It names specific offices, several of which are elected, but its "or other officer" language reaches beyond elected positions to anyone with an enforcement duty.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: officer willful failure to enforce lawforfeiture of public office nebraskasheriff mayor police officer removalmalfeasance public officer nebraskaduty to enforce law forfeiture