Rogue Prosecutor Control Act

[SWMissourian]

Title: Rogue Prosecutor Control Act
State: Missouri
The law the bill will change:: Prison Reform
Effect of the change:: Lower
Sponsor: Samuel William Madison

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A Bill

To propose an amendment to the Missouri Constitution allowing for the suspension of municipal, county, and state prosecutors 

Proposed Amendment to the Missouri Constitution:

Article: Executive Suspension and Removal of Prosecutors

Section 1: Authority of the Governor

The Governor of Missouri shall have the authority to suspend any prosecutor at the municipal, county, or state level for:

- Dereliction of duty
- Gross negligence
- Corruption
- Criminal activity

This suspension shall be enacted by an Executive Order, which must specify the grounds for suspension based on credible evidence or legal proceedings.

Section 2: Immediate Effect of Suspension

Upon issuance of the Executive Order by the Governor, the suspension of the prosecutor shall take effect immediately. The suspended prosecutor shall be barred from performing any duties associated with their office until a final decision is made by the Missouri Senate.

Section 3: Senate Review

Within ninety (90) days from the date of the suspension, the Missouri Senate shall convene to review the suspension. The Senate shall hold hearings where the suspended prosecutor, the Governor, or their representatives, and any relevant witnesses or evidence can be presented.

Section 4: Senate Vote

Following the review, the Missouri Senate shall vote on whether to uphold the suspension. A simple majority vote (50% + 1 of the total votes cast) shall be required to uphold the suspension and remove the prosecutor from office for the remainder of their term.

Section 5: Replacement

If the Senate votes to uphold the suspension:

- The Governor shall appoint an interim prosecutor to serve for the remainder of the term.
- The Senate must confirm this appointment by a simple majority vote within thirty (30) days of the appointment.

Section 6: Definitions

- Dereliction of Duty: Willful or negligent failure to perform the duties of the office as required by law or by the standards of the profession.
- Gross Negligence: A conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to public interest.
- Corruption: The misuse of public power for private gain, including but not limited to bribery, embezzlement, or any act of official misconduct for personal benefit.
- Criminal Activity: Any act that constitutes a felony or misdemeanor under state or federal law.

Section 7: Judicial Review

Any decision by the Governor to suspend or by the Senate to uphold the suspension may be subject to judicial review in the Missouri Supreme Court for procedural compliance with this amendment. 

Section 8: Amendment and Ratification

This amendment shall be placed on the ballot for approval by the voters of Missouri. If approved by a majority of voters, it shall become part of the Missouri Constitution.

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