Removal From OfficeImpeachment
Section § 3020
This law states that certain high-ranking state officials in California, including those elected statewide, members of the State Board of Equalization, and state court judges, can face impeachment if they engage in misconduct while performing their official duties.
Section § 3020.5
When the California Senate acts as the court of impeachment, it functions as an official court that records the proceedings. The Senate's officers also serve as officers of this court.
Section § 3021
This law says that if someone is going to be impeached, the process starts with a resolution in the Assembly. The Assembly then elects managers to handle the impeachment process.
Section § 3022
This law explains that managers are responsible for creating and presenting articles of impeachment to the Senate, where they will also lead the prosecution. The Senate acts as the court during the impeachment trial.
Section § 3023
If a government officer is accused of wrongdoing (a misdemeanor) while performing their official duties, the formal charges (known as articles of impeachment) are sent to the President of the Senate for further action.
Section § 3024
This law means that the Senate is responsible for setting a date to hear an impeachment case and must also notify the Assembly about this scheduled date.
Section § 3025
At least 10 days before an impeachment hearing, the President of the Senate must give the defendant a copy of the impeachment charges and inform them when and where to appear for their hearing.
Section § 3026
This California statute explains how to notify a defendant about impeachment proceedings. If the defendant cannot be found within the state despite thorough efforts to locate him, the Senate can authorize a public notice. This notice will instruct the defendant to attend the impeachment hearing at a specified time and place.
Section § 3027
This law states that if a defendant does not show up for their impeachment hearing, the Senate can either reschedule the hearing or continue with the trial and make a judgment without the defendant being there, as long as there is proof that the defendant was informed about the hearing.
Section § 3028
This law section explains what a defendant can do during impeachment proceedings. The defendant can choose to either object in writing about the validity or strength of the impeachment charges, or they can verbally enter a plea of not guilty.
Section § 3029
If the Senate finds the impeachment articles valid after hearing objections, the defendant must respond to them immediately. If the defendant pleads guilty or does not respond, the Senate will declare them guilty.
Section § 3030
If someone accused of a crime pleads 'not guilty' in an impeachment case, the trial will be conducted by the Senate at a scheduled time. The defendant's plea is recorded in the Senate Journal and this effectively challenges all the significant accusations made in the impeachment complaint.
Section § 3031
Before the Senate can handle an impeachment, a specific oath must be taken by all involved. The President of the Senate and each member present need to swear to fairly and honestly hear and decide on the impeachment case. No Senate member can participate or vote on the impeachment unless they've taken this oath.
Section § 3032
In a case of impeachment, at least two-thirds of all elected members must agree for a conviction to occur. If less than two-thirds agree, the defendant will be acquitted, meaning they are found not guilty.
Section § 3033
Once someone is convicted, the Senate must declare the judgment at a scheduled time. They do this by recording a formal decision, known as a resolution, in the Senate's official records.
Section § 3034
When a resolution is adopted by most members who voted on whether to acquit or convict, it becomes the official decision of the Senate.
Section § 3035
This law says that a judgment can result in a government official either being suspended or removed from their position. Additionally, they can be banned from holding any future government positions of honor, trust, or profit within the state.
Section § 3036
If someone is suspended from their government office, they aren't allowed to get paid or receive any benefits from that position while the suspension is in effect.
Section § 3037
If an officer is facing impeachment charges presented to the Senate, they are temporarily removed from their position and cannot perform their official duties until proven not guilty.
Section § 3038
If an officer other than the Governor is temporarily suspended, the Governor will quickly appoint someone to take over the role, with Senate approval. This temporary appointee will serve until the suspended person's trial ends in acquittal or, if they are removed from office, until the position is permanently filled in the next election.
Section § 3039
This law says that if the Lieutenant Governor is impeached, the Assembly must quickly inform the Senate. This allows the Senate to select a new president.
Section § 3040
This law says that if someone is impeached for an offense and they're also facing criminal charges for the same offense, the criminal charges can still proceed. Impeachment doesn't prevent a separate criminal case from being brought against them.