Misconduct in a public office

Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election.

An exact definition of malfeasance (or misfeasance (Brit)) in office is difficult: many highly regarded secondary sources (such as books and commentaries) compete over its established elements based on reported cases. This confusion has arisen from the courts where no single consensus definition has arisen from the relatively few reported appeal-level cases involving malfeasance in office.

Under English law, misconduct (or misfeasance) in public office is an offence at common law which dates back to the 13th century.

The offence carries a maximum penalty of life imprisonment. It is confined to those who are public office holders, and is committed when the office holder acts (or neglects to act) in a way that constitutes a breach of the duties of that office.

The Crown Prosecution Service guidelines on this offence say that the elements of the offence are when:

The similarly named malfeasance (or misfeasance) in public office is a tort. In the House of Lords judgement on the BCCI malfeasance case it was held that this had 3 essential elements:

"Misconduct in public office" is often but inaccurately rendered as "misconduct in A public office", which would mean something different.

The West Virginia Supreme Court of Appeals summarized a number of the definitions of malfeasance in office applied by various appellate courts in the United States.

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