5-5-420. Overrule of objection — defendant’s plea
5-5-420. Overrule of objection — defendant’s plea. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate, the defendant must be ordered to immediately answer the articles of impeachment. If the defendant pleads guilty, the senate shall render judgment of conviction against the […]
5-5-421. Two-thirds vote necessary to conviction
5-5-421. Two-thirds vote necessary to conviction. The defendant cannot 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, the defendant must be acquitted. History: En. Sec. 1511, Pen. C. 1895; re-en. Sec. 8983, Rev. C. 1907; […]
5-5-422. Judgment on conviction — how pronounced
5-5-422. Judgment on conviction — how pronounced. After conviction the senate must, at such time as it may appoint, pronounce judgment in the form of a resolution entered upon the journals of the senate. History: En. Sec. 1512, Pen. C. 1895; re-en. Sec. 8984, Rev. C. 1907; re-en. Sec. 11680, R.C.M. 1921; Cal. Pen. C. Sec. 747; […]
5-5-423. Judgment on conviction — how finalized
5-5-423. Judgment on conviction — how finalized. 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. History: En. Sec. 1513, Pen. C. 1895; re-en. Sec. 8985, Rev. C. 1907; re-en. Sec. 11681, R.C.M. 1921; Cal. Pen. C. […]
5-5-424. through 5-5-430 reserved
5-5-424 through 5-5-430 reserved.
5-5-431. Nature of judgment
5-5-431. Nature of judgment. The judgment in the impeachment may be that the defendant be suspended or that the defendant be removed from office and disqualified to hold any office of honor, trust, or profit under the state. History: En. Sec. 1514, Pen. C. 1895; re-en. Sec. 8986, Rev. C. 1907; re-en. Sec. 11682, R.C.M. 1921; Cal. […]
5-5-432. Effect of judgment of suspension
5-5-432. Effect of judgment of suspension. If judgment of suspension is given, the defendant, during the continuance thereof, is disqualified from receiving the salary, fees, or emoluments of the office. History: En. Sec. 1515, Pen. C. 1895; re-en. Sec. 8987, Rev. C. 1907; re-en. Sec. 11683, R.C.M. 1921; Cal. Pen. C. Sec. 750; re-en. Sec. 11683, R.c.M. […]
5-5-433. Criminal prosecution not barred
5-5-433. Criminal prosecution not barred. 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. History: En. Sec. 1518, Pen. C. 1895; re-en. Sec. 8990, Rev. C. 1907; re-en. Sec. 11686, R.C.M. 1921; Cal. Pen. C. Sec. 753; re-en. […]
5-5-412. Delivery of articles to senate
5-5-412. Delivery of articles to senate. When an officer is impeached by the house of representatives, the articles of impeachment must be delivered to the president of the senate. History: En. Sec. 1503, Pen. C. 1895; re-en. Sec. 8975, Rev. C. 1907; re-en. Sec. 11671, R.C.M. 1921; Cal. Pen. C. Sec. 739; re-en. Sec. 11671, R.C.M. 1935; […]
5-5-413. Suspension pending trial — filling vacancy
5-5-413. Suspension pending trial — filling vacancy. (1) Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, the officer is temporarily suspended from office and cannot act in an official capacity until the officer is acquitted. (2) Upon suspension of any officer other than the governor, the office must be at […]