Quo Warranto A Legal Proceeding During Which An Individual's Right To Hold An Office or Governmental Privilege Is Challenged

QUO WARRANTO
A legal proceeding during which an individual's right to hold an office or governmental privilege is
challenged.
In old English practice, the writ of quo warranto—an order issued by authority of the king—was one of the
most ancient and important writs. It has not, however, been used for centuries, since the procedure and
effect of the judgment were so impractical.
Currently the former procedure has been replaced by an information in the nature of a quo warranto, an
extraordinary remedy by which a prosecuting attorney, who represents the public at large, challenges
someone who has usurped a public office or someone who, through abuse or neglect, has forfeited an
office to which she was entitled. In spite of the fact that the remedy of quo warranto is pursued by a
prosecuting attorney in a majority of jurisdictions, it is ordinarily regarded as a civil rather than criminal
action. Quo warranto is often the only proper legal remedy; however, the legislature can enact legislation
or provide other forms of relief.
Statutes describing quo warranto usually indicate where it is appropriate. Ordinarily it is proper to try the
issue of whether a public office or authority is being abused. For example, it might be used to challenge
the Unauthorized Practice of a profession, such as law or medicine. In such situations, the challenge is an
assertion that the defendant is not qualified to hold the position she claims—a medical doctor, for
example.
In some quo warranto proceedings, the issue is whether the defendant is entitled to hold the office he
claims, or to exercise the authority he presumes to have from the government. In addition, proceedings
have challenged the right to the position of county commissioner, treasurer, school board member, district
attorney, judge, or tax commissioner. In certain jurisdictions, quo warranto is a proper proceeding to
challenge individuals who are acting as officers or directors of business corporations.
A prosecuting attorney ordinarily commences quo warranto proceedings; however, a statute may
authorize a private person to do so without the consent of the prosecutor. Unless otherwise provided by
statute, a court permits the filing of an information in the nature of quo warranto after an exercise of sound
discretion, since quo warranto is an extraordinary exercise of power and is not to be invoked lightly. Quo
warranto is not a right available merely because the appropriate legal documents are filed. Valid reason
must be indicated to justify governmental interference with the individual holding the challenged office,
privilege, or license.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
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quo warranto (kwoh wahr-rahn-toe) n. the name for a writ (order) used to challenge another's right to
either public or corporate office or challenge the legality of a corporation to its charter (articles).
(See: writ, corporation)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
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QUO WARRANTO, remedies. By what authority or warrant. The name of a writ issued in the name of a
government against any person or corporation that usurps any franchise or office, commanding the sheriff
of the county to summon the defendant to be and appear before the court whence the writ issued, at a
time and place therein named, to show "quo warranto" he claims the franchise or office mentioned in the
writ. Old Nat. Br. 149; 5 Wheat. 291; 15 Mass. 125; 5 Ham. 358; 1 Miss. 115.
2. This writ has become obsolete, having given way to informations in the nature of a quo warranto at
the common law; Ang. on Corp. 469; it is authorized in Pennsylvania by legislative sanction. Act 14 June,
1836. Vide 1 Vern. 156; Yelv. 190; 7 Com. Dig. 189; 17 Vin. Ab. 177.
3. An information in the nature of a quo warranto, although a criminal proceeding in form, in
substance, is a civil one. 1 Serg. & Rawle, 382.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
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