Legal Opinion

(1997)

Maryland Attorney General Reports

Decided June 9, 1997Published

1Opinion of the Court

Dear Mr. Lahey:

You have requested our opinion on the meaning of "malfeasance in office," as used in Article 66B, § 3.02(a) of the Maryland Code. In particular, you ask whether a planning commission member may be removed on this basis only if the member commits a crime.1

Our opinion is as follows: "Malfeasance in office" describes wrongful conduct of a public official with a direct relation to the performance of official duties that substantially affects the public interest. The wrongful conduct need not constitute a violation of the criminal law in order to meet this standard.

I

Planning…

2Cases cited27 opinions

  1. State v. BegynSupreme Court of New Jersey · 1961
  2. Resetar v. State Board of EducationCourt of Appeals of Maryland · 1979
  3. Williams v. StateCourt of Appeals of Maryland · 1992
  4. Daugherty v. EllisWest Virginia Supreme Court · 1956
  5. Coffey v. Superior CourtCalifornia Supreme Court · 1905

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