Malfeasance in office
Unlawful conduct by a public officer, often a crime.
Malfeasance in office, also known as misconduct in public office, is any unlawful conduct that is often grounds for a just cause removal of an elected official by statute or recall election, or additionally a crime in some jurisdictions. It contrasts with misfeasance in office (a lawful act causing harm) and nonfeasance in office (failure to perform an official duty). An exact definition is difficult, as many secondary sources compete over its established elements, and no single consensus definition has arisen from the relatively few reported appeal-level cases.
- field
- Law
- known_for
- Unlawful conduct by a public officer, often grounds for removal or criminal prosecution
- jurisdictions
- England and Wales, United States, Greece
- maximum_penalty_England
- Life imprisonment
- maximum_penalty_Greece
- Up to two years imprisonment or a fine
Lore & Background
Under English law, misconduct in public office is a criminal offence at common law dating back to the 13th century, carrying a maximum penalty of life imprisonment. It is confined to public office holders and committed when the holder acts or neglects to act in breach of duty. The Crown Prosecution Service guidelines, as summarised by the Court of Appeal, require: a public officer acting as such; wilful neglect of duty or wilful misconduct; to a degree amounting to an abuse of public trust; without reasonable excuse. The similarly-named misfeasance in public office is a tort, with three essential elements per the House of Lords in the BCCI case: the defendant must be a public officer; exercising power as such; and either exercising targeted malice or exceeding powers.
Reader's Guide
Malfeasance in office is a concept of significant legal and political importance, serving as a mechanism to hold public officials accountable for unlawful conduct. Its definition remains unsettled across jurisdictions, as noted by the West Virginia Supreme Court of Appeals, which summarized multiple definitions from various U.S. appellate courts, including 'a wrongful act which the actor has no legal right to do' and 'any wrongful conduct which affects, interrupts or interferes with the performance of official duty.' The court added that malfeasance can arise from 'ignorance, inattention, or malice,' implying no intent or knowledge is necessarily required.
Did You Know?
- The offence of misconduct in public office under English law dates back to the 13th century.
- In England and Wales, the maximum penalty for misconduct in public office is life imprisonment.
- The West Virginia Supreme Court of Appeals noted that malfeasance can be found where there is 'ignorance, inattention, or malice,' implying no intent or knowledge is required.
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