In re Ventura
Minnesota Supreme Court
600 N.W.2d 714 (1999)

- Written by Joe Cox, JD
Facts
Jesse Ventura, then the governor of Minnesota, was subject to a recall petition filed by citizens of the state. Once such a petition occurred, it was forwarded to the chief justice of the Minnesota Supreme Court for review as to the adequacy of the facts alleged—that is, whether the statements made, if proven, would constitute permissible grounds for recall. If so, a special master was then appointed for a public hearing. After that hearing, if the matter was still considered adequate to proceed, the entire state supreme court reviewed the special master’s report, and if the standard was again found met, then a recall election could proceed. The recall petition for Ventura was forwarded to the chief justice for consideration. The allowed grounds for recall were the malfeasance or nonfeasance during the term in the performance of an official’s public duties or conviction for a serious crime. The recall petition for Ventura alleged malfeasance. The claims against Ventura were that he used state security for his private book promotional tour; that he used his prestige of office to increase the price of the book and its sales; that he accepted gifts and favors from outside sources, including his publisher; and that a conflict of interest dictated that the more outrageous Ventura’s conduct was, the more his potential for financial gain would grow. However, the statute limited malfeasance claims for acts in the performance of an official’s duties in office. Also of concern to the court was that the allegations regarding both the gifts and the conflict of interest were written very broadly and vaguely, failing to provide specific definition of the conduct in question.
Rule of Law
Issue
Holding and Reasoning (Blatz, C.J.)
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