how to start a petion for removal of a district attorney from office in mebraska

proceeding to suspend or remove a district attorney is commenced by filing with the clerk of superior court of the county where the district attorney resides a sworn affidavit charging the district attorney with one or more grounds for removal. The clerk shall immediately bring the matter to the attention of the senior regular resident superior court judge for the district or set of districts as defined in G.S. 7A-41.1(a) in which the county is located who shall within 30 days either review and act on the charges or refer them for review and action within 30 days to another superior court judge residing in or regularly holding the courts of that district or set of districts. If the superior court judge upon review finds that the charges if true constitute grounds for suspension, and finds probable cause for believing that the charges are true, he may enter an order suspending the district attorney from performing the duties of his office until a final determination of the charges on the merits. During the suspension the salary of the district attorney continues. If the superior court judge finds that the charges if true do not constitute grounds for suspension or finds that no probable cause exists for believing that the charges are true, he shall dismiss the proceeding.

Full Answer

How do I remove a district attorney?

§ 7A-66. Removal of district attorneys. The following are grounds for suspension of a district attorney or for his removal from office: (1) Mental or physical incapacity interfering with the performance of his duties which is, or is likely to become, permanent; (2) Willful misconduct in …

Can a district judge be removed from office?

(e) In a proceeding to remove a county attorney from office, the district attorney shall represent the state. If the county does not have a district attorney, the county attorney from an adjoining county, as selected by the commissioners court of the county in which the proceeding is pending, shall represent the state.

What happens if the county does not have a district attorney?

Oct 30, 2017 · The petitioners must be registered voters residing in the district which the officer serves. Once the action is instituted, the Commonwealth steps in (through a Commonwealth’s Attorney) as the complaining party, and the officer is subjected to a trial of sorts to determine if there are grounds for removal that satisfy § 24.2-233.

How to file a petition for the removal of an officer?

Trying to Remove (Disqualify) the District Attorney From a Colorado Criminal Case. There exists in Colorado a statute (law) that allows a Defendant – an accused – who believes the District Attorney is so biased against him/her to attempt to disqualify a prosecutor. It is critical to win this argument at the trial court level – because an ...

How do I file a motion to dismiss in Nebraska?

To begin the process, you must complete your Motion to Dismiss (DC 4:7) along with the proposed Judge's Order (DC 4:7.1). Refer to the Instructions for Completing the Motion (DC 4:7a) for details. Complete the Certificate of Service as part of the Motion to Dismiss (DC 4:7).

How do you impeach a local judge?

Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.

How long does a felony stay on your record in Nebraska?

For felonies, ten years from final discharge, including payment of fine and restitution; for misdemeanors, three years. See Pardon Board Application, Neb.Aug 28, 2021

What does a county attorney do in Nebraska?

The County Attorney prosecutes felony and misdemeanor crimes under Nebraska Law. The Office assists in collection of child support and petitions with Juvenile Court (cases with children who are delinquent, neglected, dependent or in need of special supervision).

What is the difference between impeachment and removal?

In impeachment proceedings, the House of Representatives charges an official of the federal government by approving, by simple majority vote, articles of impeachment. ... The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office.

On what grounds can a judge be removed?

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in ...

How do I get a felony removed in Nebraska?

Both felony and misdemeanor criminal convictions can be set aside. You are eligible to have your conviction set aside if you were placed on probation and you successfully completed the terms of your probation OR your sentence was a fine only, and you paid the fine.

Can a felon own a gun in Nebraska?

Nebraska law explicitly and unequivocally prohibits a felon from being in possession of a firearm. ... This section punishes the specific conduct of possession of a firearm by a person previously convicted of a felony, not the underlying felony. State v. Peters, 261 Neb.

Does Nebraska do expungement?

Expungement in Nebraska Overview Many states allow an individual to expunge records of conviction for misdemeanors and even for certain lessor felonies. The State of Nebraska, however, does not allow any convictions to be expunged.Mar 16, 2020

Who is the district attorney of Lincoln Nebraska?

Welcome | Nebraska Attorney General Doug Peterson.

What makes a good prosecutor?

Sensitivity, a good memory, and close attention to detail are also marks of good prosecutors. Above all, a reputation for fundamental fairness and honesty as well as credibility and trustworthiness must be nurtured. Prosecutors must be comfortable with the myriad of imperfections in the criminal justice system.

Why must the county attorney represent the state in county jurisdiction?

The county attorney represents the state in the justice of the peace and county courts, defends suits in which the county is interested, and serves as legal advisor to county and precinct officials. If the county has no district attorney, the county attorney also represents the state in district courts.

What is a federal attorney?

The elected or appointed public officers of each state, county, or other political subdivision who institute criminal proceedings on behalf of the government. Federal attorneys who represent the United States in prosecuting federal offenses are U.S. attorneys. A district or prosecuting attorney is the legal representative of the state, county, ...

What does a district attorney do?

A district attorney determines when to initiate a particular prosecution and must exercise due diligence in conducting the prosecution. The individual may neither restrain the GRAND JURY from considering charges by asserting that the government will not prosecute nor dismiss a criminal charge pending before it.

What is the purpose of a statute?

Statutes provide for the appointment of assistant district attorneys to render supplementary services to the district attorney. Independent of statute, however, the courts frequently exercise discretionary power to appoint attorneys to assist the prosecuting attorney in criminal cases. Statutes primarily govern the qualifications, salary, tenure, ...

What is a special prosecutor?

Special prosecutors are attorneys appointed by the government to investigate criminal offenses involving officials of the EXECUTIVE BRANCH, since the government cannot effectively investigate itself .

What is a petitioner?

Through a petition, you ask a state court to make a decision for you regarding a legal dispute you have. You then become the "petitioner," while the other side is referred to as the "respondent.". The respondent could be another person, several people, or a business. In your petition, you explain your dispute to the judge ...

How long does it take to respond to a petition?

The deadline varies among courts but is typically less than 30 days. If the respondent fails to respond, you may be able to ask the court for a default judgment.

What to do if you can't come to an agreement?

You just have to make a good-faith effort. If you can't come to an agreement, the mediator will write a letter for you to file with the court. If you are able to settle your differences through mediation, the mediator will draw up an agreement for each of you to sign.

How many copies of a court order do you need?

Make photocopies of your signed forms. Most courts require you to bring at least 2 photocopies of every form you file with the court. One copy is for you and the other copy is for the respondent. If you've named more than one respondent, you'll need a copy for each of them.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.