Section § 3020

Explanation

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.

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.

Section § 3020.5

Explanation

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.

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.

Section § 3021

Explanation

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.

All impeachments shall be by resolution adopted, originated in, and conducted by managers elected by the Assembly.

Section § 3022

Explanation

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.

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.

Section § 3023

Explanation

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.

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.

Section § 3024

Explanation

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.

The Senate shall assign a day for the hearing of the impeachment and inform the Assembly thereof.

Section § 3025

Explanation

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.

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.

Section § 3026

Explanation

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.

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.

Section § 3027

Explanation

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.

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.

Section § 3028

Explanation

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.

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.

Section § 3029

Explanation

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.

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.

Section § 3030

Explanation

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.

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.

Section § 3031

Explanation

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.

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.

Section § 3032

Explanation

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.

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.

Section § 3033

Explanation

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.

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.

Section § 3034

Explanation

When a resolution is adopted by most members who voted on whether to acquit or convict, it becomes the official decision of the Senate.

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.

Section § 3035

Explanation

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.

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.

Section § 3036

Explanation

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.

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.

Section § 3037

Explanation

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.

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.

Section § 3038

Explanation

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.

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.

Section § 3039

Explanation

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.

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.

Section § 3040

Explanation

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.

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.