§ 25-21,148.Public officers; malfeasance; action in Supreme Court; suspension of defendant; temporary appointment.
Article 21: Special Proceedings and Actions · Last amended 1972 · Last verified July 22, 2026
In one sentenceThis section directs the Attorney General or a Governor-designated special attorney to prosecute quo warranto proceedings in the Supreme Court against an elected officer for malfeasance, lets the Governor suspend that officer during the case, and produces a judgment of ouster if the court finds a willful failure to enforce the law.
Full Text of § 25-21,148
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The Attorney General of the State of Nebraska or a special attorney designated by the Governor, when directed by the Governor, shall institute and prosecute quo warranto proceedings in the Supreme Court against any such county attorney or prosecuting officer, sheriff, police officer or police commissioner, mayor or other officer, who holds his office by a vote of the people. During the pendency of such proceedings such officer may by the Governor be suspended from performing the duties of his office, and temporary appointment may be made by the Governor for the performance of the duties of such office. If the court shall find that such
suspended officer has willfully failed or refused to enforce any law which it is his duty as such officer to perform, then the court shall render judgment of ouster against such officer and the office shall thereby become vacant.
Source
Laws 1907, c. 87, § 2, p. 306; R.S.1913, § 8355; C.S.1922, § 9307; Laws 1923, c. 116, § 1, p. 277; C.S.1929, § 20-21,139; R.S.1943, § 25-21,148; Laws 1965, c. 118, § 2, p. 451; Laws 1972, LB 1032, § 44.
Plain-English Summary
Section 25-21,148 puts teeth into the malfeasance standard set out in section 25-21,147, at least for officers who hold their positions by a vote of the people. When the Governor directs it, the Attorney General, or a special attorney the Governor designates, institutes and prosecutes a quo warranto proceeding in the Supreme Court against a county attorney, prosecuting officer, sheriff, police officer, police commissioner, mayor, or other elected officer accused of willfully failing to enforce the law.
While that case is pending, the Governor may suspend the officer from performing the duties of the office and make a temporary appointment to cover those duties in the meantime. The suspension is not the final word — it holds the position open for the officer if the case does not go against them. If the Supreme Court finds that the suspended officer willfully failed or refused to enforce a law it was that officer’s duty to enforce, the court enters a judgment of ouster, and the office becomes vacant.
Frequently Asked Questions
Who brings this kind of malfeasance case against an elected officer?
The Attorney General, or a special attorney designated by the Governor, when the Governor directs that the proceeding be brought.
What court hears this case, and why is that different from section 25-21,146?
The Supreme Court hears it, unlike the citizen quo warranto suit in section 25-21,146, which is filed in district court.
Can the Governor remove the officer before the case is decided?
The Governor may suspend the officer from performing the duties of the office during the pendency of the proceeding and make a temporary appointment to perform those duties, but the office is not vacated until the court rules.
What has to be proven for the court to order ouster?
That the suspended officer willfully failed or refused to enforce a law it was that officer’s duty to enforce.
What happens to the office once the court finds willful failure?
The court renders a judgment of ouster against the officer, and the office becomes vacant.
Does this section apply to every officer named in section 25-21,147?
It applies to those named officers who hold their office by a vote of the people, which is why it singles out proceedings in the Supreme Court against elected officeholders.
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:attorney general quo warranto supreme courtgovernor suspend officer temporary appointmentjudgment of ouster nebraska officerelected officer malfeasance removalvacant office after ouster