Removal of Public Officers from Office for Cause, II

Authors

Alonzo H. Tuttle, Ohio State University College of Law

Abstract

We have seen by the great weight of authority that removal for cause requires notice, charges and a chance to defend. It remains for us to discuss the most difficult question of all. What is the nature of this power? Is it judicial or executive in character? The importance of this question is two-fold. 1. If executive in nature, the courts have no power to review it by the writ of certiorari. If judicial, they have. 2. If judicial, the question arises, is it constitutional to confer such a power on an executive officer? Upon the question whether the power to remove is judicial or executive, the courts are at wide variance. As would be expected states like Arkansas, Texas, Louisiana and Illinois, which hold that such a power is an arbitrary one and requires neither notice, charges nor hearing, hold also that the power is an executive power. Since, however, these states are neither in accordance with authority or reason on the main proposition, their opinion as to the nature of the power is of little importance. Among those states that hold that charges, notice and a hearing are necessary there is a difference in opinion as to whether the power be judicial or executive.

Recommended Citation

Alonzo H. Tuttle, Removal of Public Officers from Office for Cause, II, 3 Mich. L. Rev. 341 (1905).
Available at: https://repository.law.umich.edu/mlr/vol3/iss5/1