Patsy Madsen v. Keith Brown

CHRISTENSEN, District Judge: Pursuant to U.C.A., 1953, §§ 77-6-1 to -9, adopted in 1980, appellant, the mayor of Grantsville, was removed from office upon the jurys determination that appellants participation in the killing of dogs constituted sanctionable "malfeasance in office." Appellant contends that removal proceedings are "quasi-criminal" in nature and seeks clarification as to his right against self-incrimination and his right to a unanimous verdict in such proceedings. Appellant also asserts that the jury applied the wrong standard of "malfeasance in office" because both the jury instructions and counsels closing arguments allegedly suggest that appellant could be removed from office without a showing that he was acting under a specific mayoral duty when the alleged wrongful acts or omissions occurred.