Also known as:abuses of office · misconduct in office · official misconduct
Written by attorneys · grounded in primary & secondary sources — see below
Misuse of official authority by a public officer or judge for personal gain or to undermine the integrity of public functions.
Sources & Authorities· 4 primary sources
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Cases
Model Codes
Course Outlines
How it applies
Common Examples
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President Offers Appointment for Contributions
President Carter met privately with Alex Monroe and promised to nominate him to lead a federal agency if Monroe arranged large political contributions. Monroe delivered the funds and Carter submitted the nomination. Congress treated the exchange as an abuse of the appointment power warranting impeachment proceedings.
President Conditions Appointment on Media Favor
President Martin assured a media executive that he would appoint the executive's colleague to a regulatory post if the network reduced critical coverage of the administration. The arrangement surfaced in an investigation. Congress viewed the conditional use of appointment authority as an abuse of office supporting removal.
Common questions
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Test Yourself
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Practice Questions4
Frequently Asked
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What conduct qualifies as abuse of office in the impeachment context?+
Trading an official appointment for personal political or financial gain constitutes abuse of office. The Constitution reaches such conduct as bribery or other high crimes and misdemeanors even without a criminal conviction.
Does private judicial misconduct alone trigger discipline for abuse of office?+
No. A judge's private consensual conduct does not warrant discipline absent exploitation of judicial office, interference with duties, or notorious conduct that brings the judiciary into disrepute.
How does the Model Code address abuse of office by judges?+
A judge must not abuse the prestige of judicial office for personal gain or permit others to do so.
Constitutional LawExecutive powers · The president’s power to appoint and remove officialsNEXTGENIntermediate