ARTICLE 2. Impeachment [3020 - 3040]
( Article 2 enacted by Stats. 1943, Ch. 134. )
State officers elected on a statewide basis, members of the State Board of Equalization, and judges of state courts are subject to impeachment for misconduct in office.
(Amended by Stats. 1968, Ch. 312.)
The Senate when sitting as the court of impeachment is a court of record. The officers of the Senate are the officers of the court.
(Added by Stats. 1953, Ch. 206.)
All impeachments shall be by resolution adopted, originated in, and conducted by managers elected by the Assembly.
(Enacted by Stats. 1943, Ch. 134.)
The managers shall prepare articles of impeachment, present them at the bar of the Senate, and prosecute them. The trial shall be before the Senate, sitting as a court of impeachment.
(Enacted by Stats. 1943, Ch. 134.)
When an officer is impeached by the Assembly for a misdemeanor in office, the articles of impeachment shall be delivered to the President of the Senate.
(Enacted by Stats. 1943, Ch. 134.)
The Senate shall assign a day for the hearing of the impeachment and inform the Assembly thereof.
(Enacted by Stats. 1943, Ch. 134.)
Not less than 10 days before the day fixed for the hearing, the President of the Senate shall have served on the defendant a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed.
(Enacted by Stats. 1943, Ch. 134.)
The service shall be made upon the defendant personally. If upon diligent inquiry he can not be found within the State, upon proof of that fact the Senate may order publication to be made, in such manner as it deems proper, of a notice requiring him to appear at a specified time and place and answer the articles of impeachment.
(Enacted by Stats. 1943, Ch. 134.)
If the defendant does not appear, upon proof of service or publication the Senate may, of its own motion or for cause shown, assign another day for hearing the impeachment, or may proceed to trial and judgment in the absence of the defendant.
(Enacted by Stats. 1943, Ch. 134.)
When the defendant appears, he may object in writing to the sufficiency of the articles of impeachment, or he may answer the articles by an oral plea of not guilty.
(Enacted by Stats. 1943, Ch. 134.)
If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the Senate who heard the argument, the defendant shall be ordered forthwith to answer the articles of impeachment. If he then pleads guilty, or refuses to plead, the Senate shall render judgment of conviction against him.
(Enacted by Stats. 1943, Ch. 134.)
If the defendant pleads not guilty, the Senate shall try the impeachment at the time it appoints. The plea shall be entered upon the Senate Journal, and puts in issue every material allegation of the articles of impeachment.
(Enacted by Stats. 1943, Ch. 134.)
At the time and place appointed, and before the Senate acts on the impeachment, the secretary shall administer to the President of the Senate, and the President of the Senate to each of the members of the Senate present, an oath truly and impartially to hear, try, and determine the impeachment. No member of the Senate can act or vote upon the impeachment, or upon any question arising thereon, without having taken such oath.
(Enacted by Stats. 1943, Ch. 134.)
The defendant can not be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the members elected do not concur in a conviction, he shall be acquitted.
(Enacted by Stats. 1943, Ch. 134.)
After conviction and at the time appointed by the Senate, it shall pronounce judgment, in the form of a resolution entered upon the Senate Journal.
(Enacted by Stats. 1943, Ch. 134.)
On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the Senate.
(Enacted by Stats. 1943, Ch. 134.)
The judgment may be that the defendant be suspended, or that he be removed from office and disqualified to hold any office of honor, trust, or profit under the State.
(Enacted by Stats. 1943, Ch. 134.)
If judgment of suspension is given, during the continuance of the judgment the defendant is disqualified from receiving the salary, fees, or emoluments of the office.
(Enacted by Stats. 1943, Ch. 134.)
Whenever articles of impeachment against any officer subject to impeachment are presented to the Senate, the officer is temporarily suspended from his office and can not act in his official capacity until he is acquitted.
(Enacted by Stats. 1943, Ch. 134.)
Upon temporary suspension of any officer other than the Governor, his office shall at once be temporarily filled by an appointment made by the Governor, with the advice and consent of the Senate. The office shall be filled by the appointee until the acquittal of the party impeached or, in case of his removal, until the vacancy is filled at the next election.
(Enacted by Stats. 1943, Ch. 134.)
If the Lieutenant Governor is impeached, notice of the impeachment shall be immediately given to the Senate by the Assembly in order that another president may be chosen.
(Enacted by Stats. 1943, Ch. 134.)
If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred thereby.
(Enacted by Stats. 1943, Ch. 134.)