bobble head

If a city council member or county commissioner (who is also an attorney) knowingly violates state law to enact a local ordinance, they face significant ramifications, including potential removal from office (impeachment/recall) for misconduct, personal liability (though complex), and severe professional discipline from their state bar (suspension, disbarment) for violating their duty as officers of the court to uphold the law, a higher standard than regular citizens. Their actions undermine public trust, invite lawsuits against the municipality, and can trigger investigations by the Attorney General or District Attorney, as they are bound by oaths to follow the very laws they're supposed to create within the bounds of state authority. [1, 2, 3, 4, 5]

Ramifications for Officeholders

• Removal: Inefficiency, neglect, or misconduct can lead to removal hearings by the mayor or governing body, often preceded by charges and a hearing.
• Lawsuits: They could face personal lawsuits, though often liability focuses on the municipality, their willful disregard can expose them personally.
• Criminal/Civil Charges: Actions exceeding authority or violating rights can lead to investigations by the DA or Attorney General.
• Public Trust: Undermines faith in government and can lead to political consequences (e.g., recall, election loss). [1, 2, 3, 4]

Duties as Attorneys

• Officer of the Court: Attorneys are held to a higher ethical standard, obligated to uphold the law, not just follow it.
• Duty to the Law: They have a fundamental duty to the legal system, meaning they cannot use their public office to subvert the state's laws or constitution for local political gain.
• Ethical Violations: Breaching their oath can lead to sanctions from their state bar association, including license suspension or disbarment, notes a legal ethics resource. [3, 4, 5, 6, 7]

What They Should Do

• Adhere to the City Charter and state laws when legislating, even if they disagree.
• Seek legal counsel from the city/county attorney (if they aren't that person) to understand legal boundaries.
• If the governing body acts unlawfully, the City/County Attorney has a duty to advise against it and potentially take legal action to protect the government from illegal acts, according to this source. [4, 5]

AI responses may include mistakes.

[1] https://www.kslegislature.gov/li/b2025_26/statute/017_000_0000_chapter/017_023_0000_article/017_023_0043_section/017_023_0043_k/

[2] https://www.justanswer.com/law/7ztun-city-council-liable-willful-neglect.html

[3] https://www.justanswer.com/law/8no0s-when-city-it-s-officials-refuse-comply-statutes.html

[4] https://www.facebook.com/groups/418953404802170/posts/5462627343768059/

[5] https://www.iml.org/file.cfm?key=2597

[6] https://cowherdplc.com/worlds-are-colliding-when-attorneys-sit-on-hoa-boards/

[7] https://www.brennancenter.org/our-work/research-reports/legal-ethics-and-rule-law

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Henry McClure 

Time kills deals

785-383-9994

www.henrymcclure.live