State v. Neff

The Supreme Court affirmed the trial court’s judgment in favor of the Town of Yorktown’s Clerk-Treasurer, Beth Neff, holding that the State’s request to remove Neff did not fall within the exceptionally rare category of cases that warranted removal.Relying on Indiana Code 5-8-1-35, the Removal Statute, the State sought Neff’s removal for her alleged refusal or neglect to perform the official duties pertaining to her office. The trial court entered judgment in favor of Neff, concluding that Neff had not completely failed to carry out her duties. The Supreme Court affirmed, holding (1) for a public official to be removed pursuant to subsection (a)(2) of the Removal Statute, the State must show that the official has generally failed to perform his or her official duties; and (2) Neff’s failures and errors did not result in such a general failure, and therefore, the removal statute did not apply. View "State v. Neff" on Justia Law