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Article 2. Impeachment of California Government Code >> Division 4. >> Title 1. >> Chapter 7. >> Article 2.
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.
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.
All impeachments shall be by resolution adopted, originated
in, and conducted by managers elected by the Assembly.
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.
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.
The Senate shall assign a day for the hearing of the
impeachment and inform the Assembly thereof.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
