CERTIORARI - REVIEW OF GOVERNOR'S DISMISSAL PROCEEDING

Authors

Kenneth J. Nordstrom, University of Michigan Law SchoolFollow

Abstract

Proceedings were instituted against the directors of a California prison on charges of misconduct, incompetency, and neglect of duty, which resulted in their removal from office by the governor. A constitutional provision authorized the governor to appoint such directors, who were to hold, office for ten years, and provided that the governor should have the power to remove the directors for misconduct, incompetency, or neglect after an opportunity to be heard upon written charges. Due notice and a complete hearing were accorded to the directors as required. Plaintiff directors seek review of the removal proceedings by writ of certiorari. Held, certiorari may issue to review proceedings by the governor under a statute providing for writ of review when an inferior tribunal, board, or officer exercising judicial functions has exceeded its jurisdiction. O'Brien v. Olson, (Cal. App. 1941) 109 P. (2d) 8.

Recommended Citation

Kenneth J. Nordstrom, CERTIORARI - REVIEW OF GOVERNOR'S DISMISSAL PROCEEDING, 39 Mich. L. Rev. 1226 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss7/13