Report Title:

Impeachment

Description:

Provides for the establishment of procedures for impeachment of the governor, lieutenant governor, and the attorney general.

HOUSE OF REPRESENTATIVES

H.B. NO.

2826

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO IMPEACHMENT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

IMPEACHMENT

PART I. GOVERNOR AND LIEUTENANT GOVERNOR

- 1 Impeachment; governor and lieutenant governor. (a) The governor or the lieutenant governor may be impeached and tried on the impeachment pursuant to article III, section 19, of the state constitution.

(b) The manner and procedure of removal by impeachment of the governor and the lieutenant governor shall be according to rules adopted by the house of representatives for impeachment proceedings and the senate for the proceedings for the trial on impeachment.

PART II. APPOINTIVE OFFICERS; LEGISLATIVE RULES

- 10 Appointive officers; generally. The house of representatives shall have the sole power of impeachment of appointive officers for whose removal the consent of the senate is required and the senate shall have the sole power to try such impeachments. When sitting for that purpose, the members of the senate shall be on oath or affirmation and the chief justice shall preside.

-11 Investigative committee. The house of representatives shall have the power at any time to appoint a committee to investigate charges against any officer subject to impeachment.

-12 Disqualification. An officer impeached by the house of representatives shall be disqualified from performing any official duties until acquitted by the senate, and the governor may by appointment fill the office until completion of the trial.

-13 Articles of impeachment. Impeachment shall be instituted in the house of representatives by resolution passed by a majority of the members, and shall be conducted by managers elected by the house of representatives, who shall prepare articles of impeachment, present them at the bar of the senate and prosecute them. The hearing shall be before the senate sitting as a court of impeachment.

-14 Impeachment hearing; service on accused. (a) The senate shall assign a day for hearing the impeachment, and inform the house of representatives thereof.

(b) The president of the senate shall cause a copy of the articles of impeachment, with a notice to appear and answer them at the time and place appointed, to be served on the accused not less than ten days before the day fixed for the hearing. The service shall be made by the sergeant-at-arms of the senate upon the accused personally, or, if the accused cannot upon diligent inquiry be found within the state, the senate, upon proof of such fact, may order publication of the notice to be made in a manner it deems proper.

-15 Court of impeachment; organization. Not later than ten days after the articles of impeachment have been presented to the senate, the senate shall organize as a court of impeachment and may, for the purpose of conducting the proceedings of that court, appoint a clerk who may be the clerk of the senate. The clerk shall issue all process and keep a record of the proceedings of the court. The court shall also appoint a marshal, who shall be the sergeant-at-arms of the senate, and an assistant marshal. The senate sitting as a court of impeachment may also employ such legal, stenographic, clerical, and other assistance as is required, and fix their compensation.

-16 Witness fees; execution of process. (a) Witnesses shall receive the same compensation for travel and attendance, and the same exemptions in going, remaining, and returning as witnesses in civil proceedings conducted in the district courts.

(b) Officers executing the process and orders of the court of impeachment shall receive the fees allowed sheriffs for like service in the district courts.

-17 Absence of senator from hearing. The senate, while sitting as a court of impeachment, shall determine what accumulation of absences of a senator during the hearing shall exclude the senator from voting on the final decision.

-18 Compensation of impeachment personnel. (a) The senators composing the court of impeachment and the managers representing the house of representatives shall be paid during the impeachment trial the compensation, mileage, and subsistence provided by law for members of the legislature when convened in regular session.

(b) The managers shall be allowed the same compensation for the time required in preparing the proceedings for presentation to the court of impeachment together with their actual and necessary expenses; such expenses shall include the personal or subsistence expenses of the managers. In addition, the managers may during the preparation of the proceedings and the trial thereof also employ legal, stenographic, clerical, and other assistance as is required and fix their compensation.

(c) The members, officers, employees of the court, the board of managers, and all employees of the board of managers shall be paid on verified claims approved by the presiding justice of the court and attested by its clerk.

(d) Court reporters employed by the court may be paid the compensation provided by law for reporting proceedings before the courts, and shall also receive from the party ordering a transcript of the proceedings the compensation provided by law for such services.

(e) In lieu of the procedures prescribed by the terms of subsection (d) of this section, the court may provide by contract for the reporting of such proceedings and for the transcripts thereof.

-19 Expenses of impeachment proceedings. The expenses of impeachment proceedings, after the legislature has adjourned, shall be a charge upon the general fund of the state and shall be paid from any money in the general fund not otherwise appropriated upon verified claims, approved and attested as provided in section -12.

-20 Vacancy in board of managers. When a vacancy occurs in the board of managers selected by the house to try impeachment proceedings before the senate, and the house of representatives is not in session, the speaker or the presiding member, or if there is no presiding member, then the vice speaker of the house shall appoint a member of the house to fill the vacancy.

-21 Appearance of accused; plea. (a) If the accused does not appear, the court of impeachment, upon proof of service or publication may, on motion or for cause shown, assign another day for hearing the impeachment proceedings, or may proceed in the absence of the accused to trial and judgment.

(b) The accused may, in writing, object to the sufficiency of the articles of impeachment, or the accused may answer them by an oral plea of not guilty. The plea of not guilty shall be entered upon the journal and places in issue every material allegation of the articles of impeachment.

(c) If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the court who heard the argument, the accused shall be ordered forthwith to answer the articles of impeachment. If the accused then pleads guilty, or refuses to plead, the court shall render judgment of conviction against the accused. If the accused pleads not guilty, the court shall at such time as it appoints, try the impeachment.

-22 Judgment. If the accused is convicted, the court of impeachment shall, at such time as it appoints, pronounce judgment by resolution entered upon the journals of the court, which shall be the judgment of the senate. The judgment of conviction may provide that the accused be removed from office or that the accused be removed from office and disqualified to hold any office of honor, trust, or profit under the constitution and laws of the state.

-23 Procedures in lieu of rules. In the case of the governor and the lieutenant governor, until the house of representatives adopts rules for the impeachment proceedings and the senate adopts rules for the trial proceedings, they may apply the procedures of this part to those proceedings."

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:

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