State petitioned to remove member of county board of supervisors from office, alleging that member was intoxicated while serving as emcee of a town hall meeting.
After a bench trial, the District Court ordered removal from office. Member appealed.
The Supreme Court held that:
- Evidence was sufficient to support finding that member was intoxicated at town hall meeting;
- Proof that member was acting in his official capacity was not required to obtain removal for intoxication;
- Trial court appropriately recognized and exercised its discretion in reaching its removal decision; and
- Removal from office for intoxication was warranted.