Also known as: public servants · civil servant · public official
Written by attorneys · grounded in primary & secondary sources — see below
An officer or employee of government, including legislators and judges, or any person participating as a juror, advisor, consultant, or otherwise in performing a governmental function. The term excludes witnesses.
Select any source to read its text and confirm it supports the definition.
Parker Phillips, a lawyer, organized a fundraising drive for a municipal arts commissioner who would soon select outside counsel for a public investigation. Phillips solicited checks from clients while his firm submitted a proposal for the work. The commissioner qualifies as a public servant because she holds government office and exercises authority to award legal engagements.
Perry Pratt published a post accusing county food safety director Eloise of ignoring violations at a caterer in exchange for favors. Eloise holds authority over inspections and enforcement. As a public servant, she must prove actual malice to recover for statements about her official conduct.
Pilar Pena, a civilian director at a federal space agency overseeing rocket contracts, sued an aerospace blog for accusing her of fabricating safety certifications. Pena exercises substantial responsibility over government affairs. The blog's statements concerned her role as a public servant, triggering the actual malice requirement.
Pierce Patterson, the state environmental director, filed suit to enjoin emissions from a factory that created a public nuisance. Patterson holds authority as a public official to represent the state in the matter. His status as a public servant supplies standing to maintain the proceeding.
Phoebe Park, the sitting governor, accepted luxury vacations from a businessman seeking favorable regulatory action. Federal prosecutors charged her with honest-services fraud. The governor's position makes her a public servant whose exercise of official discretion is subject to bribery prohibitions.
Priscilla Parks, a police officer, arrested individuals under a city anti-loitering ordinance targeting suspected gang members. The ordinance granted officers broad discretion to order dispersal. The officer's enforcement role marks her as a public servant whose conduct implicates due-process limits on vague statutes.
Yes. The definition expressly covers any person participating as a juror, advisor, consultant, or otherwise in performing a governmental function.
Witnesses are excluded because they do not exercise governmental functions or hold positions of official responsibility. They merely provide information in proceedings.
Bribery statutes prohibit offering or accepting benefits in exchange for a public servant's exercise of official discretion. The broad definition ensures coverage of legislators, judges, and anyone performing governmental functions.
…views. Thus we have a measure of interference by the Hatch Act and the Rules with what otherwise would be the freedom of the civil servant under the First, Ninth and Tenth Amendments. And, if we look upon due process as a guarantee of freedom in those fields, there is a corresponding impairment of that right under the Fifth…