Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-5-1 Officers liable to impeachment.
The governor and other state and judicial officers, except
justices of the peace, shall be liable to impeachment for
high crimes and misdemeanors or malfeasance in office.
1980
77-5-2 Chief justice to preside, when.
When the governor is on trial, the chief justice of the
Supreme Court shall preside, and, in case he is disqualified
or unable to act, the Senate shall select some other justice
of the Supreme Court to preside.
1980
77-5-3 Two-thirds vote of House required.
The House of Representatives shall have the sole power
of impeachment, but in order to impeach, two-thirds of all
the members elected shall vote therefor. Impeachments shall
be by resolution. The resolution shall originate in and be
adopted by the House of Representatives.
1980
77-5-4 Trial by Senate.
All impeachments shall be tried by the Senate sitting
for that purpose.
1980
77-5-5 Hearing, notice of - Defendant served with articles.
The Senate shall assign a day for the hearing of the impeachment
and inform the House of Representatives. The president of
the Senate shall cause a copy of the articles of impeachment,
with a notice to appear and answer the same at the time and
place appointed, to be served on the officer being impeached
not less than ten days before the day fixed for the hearing.
1980
77-5-6 Suspension on filing articles - Vacancy, how filled.
When articles of impeachment are presented to the Senate,
and the officer has been served with a copy of the articles,
he shall be temporarily suspended from his office and may
not exercise his duties until he is acquitted. Upon the suspension
of any officer, other than the governor, or a justice or
judge of a court of record, his office shall be temporarily
filled by an appointment made by the governor, with the consent
of the Senate, until the acquittal of the party impeached,
or, in the case of his removal, until the vacancy is filled
at the next election as provided by law.
1986
77-5-7 Senators to be sworn - Two-thirds required for proceedings.
At the time and place appointed, and before the Senate
proceeds to act on the impeachment, the secretary shall administer
to the president of the Senate, and the president of the
Senate shall administer to each of the members of the Senate
then present, an oath or affirmation to do justice according
to law and the evidence and no member of the Senate shall
act or vote on the impeachment, or any question arising on
it without taking the oath or affirmation and being present
during the proceedings. No proceedings shall be conducted
unless at least two-thirds of the senators elected and entitled
to vote are present.
1980
77-5-8 Two-thirds vote necessary for conviction.
The officer shall not be convicted on impeachment without
the concurrence of two-thirds of the senators elected, voting
by ayes and nays, and if two-thirds of the senators elected
do not concur in a conviction, he shall be acquitted.
1980
77-5-9 Nature of judgment.
The judgment may be that the officer be suspended, or
removed from office and disqualified to hold any office of
honor, trust, or profit in the state.
1980
77-5-10 Effect of judgment.
If judgment of suspension is given, the officer, during
the continuance thereof, is disqualified from receiving the
salary, fees, or emoluments of the office.
1980
77-5-11 Impeachment not a bar to prosecution.
The officer, whether convicted or acquitted, shall nevertheless
be liable to prosecution, trial, and punishment according
to law for any offense committed that constituted a basis
for the impeachment proceedings.
1980
77-5-12 Rules of procedure.
The procedure for impeachment proceedings shall be adopted
by rule in each house and such rules shall govern.
1980
