2008 Woodie Awards
Amendment would allow impeachment for official's illegal acts
Katie Steiner
Issue date: 3/13/08 Section: News
The Nebraska Legislature has considered a resolution to expand the list of offenses that could get an elected official impeached.
LR4CA, sponsored by Sen. Bill Avery of Lincoln, seeks to amend the Nebraska Constitution by adding certain misdemeanors related to elections to the state's list of impeachable offenses. The law currently states a civil officer can only be impeached for misdemeanors committed while in office.
The resolution is a response to the impeachment case of former University of Nebraska Regent Dave Hergert, who was accused of filing false campaign statements in 2006 after he had taken office. Hergert was the ninth person in Nebraska history to be impeached by the Legislature.
During Hergert's trial, the Legislature debated whether an elected official could be impeached for actions that occurred prior to his or her term in office. Avery said the proposed amendment would answer that question.
The resolution made it through the first round of debate last Thursday but only after an amendment was added.
The amendment, introduced by Sen. Tom White of Omaha, specifies that "a civil officer shall be liable to impeachment for any misdemeanor which evinces moral turpitude and which arose out of the election to, or discharge of the duties of, his or her office."
"Moral turpitude" refers to acts contrary to justice, honesty, modesty or good morals.
White said he added the amendment because the original resolution could subject officers to impeachment for minor offenses unrelated to holding office.
"(The bill) is overboard," White said. "It would include failing to get your license plates put on at the right time."
Avery said the term "moral turpitude" would be a vague term for the courts to interpret.
"This amendment introduces ambiguity and doubt into the debate," Avery said.
Avery said the amendment was substantial enough that he needed more time before deciding what to do next with the bill.
katiesteiner@dailynebraskan.com
LR4CA, sponsored by Sen. Bill Avery of Lincoln, seeks to amend the Nebraska Constitution by adding certain misdemeanors related to elections to the state's list of impeachable offenses. The law currently states a civil officer can only be impeached for misdemeanors committed while in office.
The resolution is a response to the impeachment case of former University of Nebraska Regent Dave Hergert, who was accused of filing false campaign statements in 2006 after he had taken office. Hergert was the ninth person in Nebraska history to be impeached by the Legislature.
During Hergert's trial, the Legislature debated whether an elected official could be impeached for actions that occurred prior to his or her term in office. Avery said the proposed amendment would answer that question.
The resolution made it through the first round of debate last Thursday but only after an amendment was added.
The amendment, introduced by Sen. Tom White of Omaha, specifies that "a civil officer shall be liable to impeachment for any misdemeanor which evinces moral turpitude and which arose out of the election to, or discharge of the duties of, his or her office."
"Moral turpitude" refers to acts contrary to justice, honesty, modesty or good morals.
White said he added the amendment because the original resolution could subject officers to impeachment for minor offenses unrelated to holding office.
"(The bill) is overboard," White said. "It would include failing to get your license plates put on at the right time."
Avery said the term "moral turpitude" would be a vague term for the courts to interpret.
"This amendment introduces ambiguity and doubt into the debate," Avery said.
Avery said the amendment was substantial enough that he needed more time before deciding what to do next with the bill.
katiesteiner@dailynebraskan.com
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