The legal terminology of “official misconduct” is almost self-explanatory — it refers to illegal actions taken by public officials, usually in the context of their professional responsibilities. More specifically, it means that an official has failed to discharge the duties of their office, as defined by the law, in an appropriate and legal manner.
Examples of official misconduct range from relatively minor infractions such as unauthorized spending to more serious behaviors like bribery or other forms of corruption. In order to convict on a charge of official misconduct, the prosecutor must be able to prove that the accused acted in an illegal manner, usually by taking some type of action that violated the law.
When public officials are found guilty of official misconduct, the consequences can be severe. Depending on the severity of the misconduct, they face the possibility of being removed from office, civil and criminal liability, or even imprisonment. Even beyond criminal proceedings, such as convictions for bribery, those accused of official misconduct are often subject to public scrutiny and scorn.
Recent Cases of Official Misconduct
Recent well-publicized cases of official misconduct include the FBI scandal in which former director James Comey was accused of illegally disclosing memos related to his conversations with President Trump. There was also the case of former Illinois Governor Rod Blagojevich and his conviction on corruption charges in which he was accused of attempting to “sell” the Senate seat left vacant by Barack Obama after his election to the presidency.
Judge Aaron Persky also faced repercussions for his actions as a judge when he sentenced Brock Turner to what many viewed as an overly light sentence after he was convicted of rape and sexual assault. While Judge Persky was not officially charged with misconduct, he was removed from office by a recall election, showing the public’s disapproval of his decision.
Bottom Line
In short, official misconduct is a broad term that encompasses any illegal behavior taken by public officials in the course of their duties. Such misconduct can range from minor infractions to more severe offenses, with serious consequences such as removal from office, criminal liability, or even jail time. Therefore, it is important that public officials remain cognizant of the laws they must follow in order to avoid any potential misconduct.