Effective 5/12/2015 77-6-1. Officers subject to removal. All officers of any city, county, or other political subdivision of this state not liable to impeachment shall be subject to removal as provided in this chapter for high crimes and misdemeanors or malfeasance in office. Amended by Chapter 471, 2015 General Session
77-6-2. Commencement of action for removal. An action for the removal of a justice court judge or officer of a city, county, or other political subdivision of this state shall be commenced by presenting a sworn, written accusation to the district court. The accusation may be initiated by any taxpayer, grand jury, county attorney, or […]
77-6-3. Form of accusation. The accusation shall state the grounds for removal in ordinary and concise language. Enacted by Chapter 15, 1980 General Session
77-6-4. Presentation of accusation — Service on defendant. (1) When the accusation is initiated by: (a) a grand jury, the foreperson shall present the accusation to the court in the presence of the grand jurors which shall be filed with the clerk; or (b) a taxpayer, the county attorney, district attorney, or the attorney general, […]
77-6-5. Appearance — Procedure on default. The defendant shall appear at the time appointed and answer the accusation, unless for some sufficient cause the court assigns another time for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence. Enacted by Chapter 15, 1980 General […]
77-6-6. Answer — Objections for insufficiency. The defendant may orally answer the accusation either by admitting or denying it in open court, or he may, in writing, object to the legal sufficiency of the accusation. If the objection to the sufficiency of the accusation is sustained, the accusation shall be dismissed. If the objection is […]
77-6-7. Trial on denial or refusal to answer — Procedure. If the defendant denies the accusation or refuses to answer or appear, the court shall proceed to try the accusation. The rights of the parties and procedures used shall be the same as in any civil proceeding. Enacted by Chapter 15, 1980 General Session
77-6-8. Judgment of removal — Service on defendant. If the defendant admits the accusation or is convicted, the court shall enter judgment against him directing the defendant be removed from office and setting forth the causes of removal. The judgment of removal shall immediately be served upon the defendant. Enacted by Chapter 15, 1980 General […]
77-6-9. Appeal — Suspension from office. From a judgment of removal an appeal may be taken to the Supreme Court in the same manner as from a judgment in a civil action; but from entry of judgment and until the judgment is reversed, the defendant shall be suspended from his office. Pending the appeal, the […]
