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Rep(s). By
Representative Venable HB51 Engrossed
Copied from legislature.state.al.us
Article VII of the Constitution of Alabama of 1901, provides procedures for the impeachment of various public officers.This bill would propose a constitutional amendment to amend certain sections of Article VII by generally rephrasing and recasting various provisions so that such provisions conform with other current constitutional language.Specifically, the proposed revision would designate Section 173 as Section 7.01 and would divide the section into paragraphs. The proposed revision of the section would include, in all appropriate locations in the section, a person administering the office of Governor among those persons subject to impeachment, in conformity with the inclusion of such language in certain existing portions of the section. Additionally, the
proposed revision would remove the Superintendent of Education from the officers who may be impeached, as the Superintendent of Education, pursuant to a current constitutional provision, is appointed and may be removed by the State Board of Education. Also, the proposed revision specifically includes judges of the courts of appeals within those officials who may be impeached, and specifies that the removal of Justices of the Supreme Court or judges of the courts of appeals under Article VII are subject to Section 6.18A of the Judicial Article as set forth in Amendment 580, which generally concerns an alternative removal process for such justices and judges.The proposed revision would designate Section 174 as Section 7.02 and would delete from the listing of persons who may be removed from office under that section chancellors, judges of the circuit
courts, judges of the probate courts, and judges of other courts from which an appeal may be taken directly to the Supreme Court, as the removal from office of these judges are addressed in the Judicial Article. Also, the title district attorney is inserted in place of the former title solicitor. The proposed revision would designate Section 175 as Section 7.03. The proposed revision deletes the specific designation of various officers subject to the section, including circuit clerks, tax collectors and assessors, county treasurers, county superintendents of education, inferior court judges, justices of the peace, notaries public, and constables, and would instead insert the general designation of county officers and officers of incorporated cities. The proposed revision changes the court which would consider removal of the public official from the circuit or other court of like
jurisdiction or a criminal court to a court having jurisdiction to try felony cases. Additionally, the proposed revision expressly states that the section would not apply to a judge of any court who may be removed by procedures provided by the Judicial Article.The proposed revision would designate Section 176 as Section 7.04, and no other change would be made to this section.
A BILL
TO BE ENTITLED
AN ACT
Proposing an amendment to the Constitution of Alabama of 1901, to provide for a revised Article
VII relating to impeachment of public officers; to amend and redesignate Section 173 to include, in
conformity with existing portions of the section, a person administering the office of Governor, to
delete the State Superintendent of Education, to specifically include the judges of courts of appeals,
and to specify that the removal of Justices of the Supreme Court or judges of the courts of appeals
under Article VII are subject to Section 6.18A of the Judicial Article as set forth in Amendment
580; to amend and redesignate Section 174 so as to delete certain judicial officers subject to
removal under that section, and to insert the title district attorney for solicitor; to amend and
redesignate Section 175 and to delete the specific designations of various officers and instead insert
the general designation of county officers and officers of incorporated cities, to change the court
considering the issue to a court having jurisdiction to try felony cases, and to expressly state the
sections would not apply to a judge of any court who may be removed by procedures provided by
the Judicial Article; and to redesignate Section 176 without any other change.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is
proposed and shall become valid as a part thereof when approved by a majority of the qualified
electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of
Alabama of 1901, as amended:
PROPOSED AMENDMENT
1. Section 173 of the Constitution of Alabama of 1901, is amended and redesignated to read as
follows:
"Section 173 7.01.
"(1) The governor, lieutenant-governor, any officer administering the office of Governor,
attorney-general, state auditor, secretary of state, state treasurer, superintendent of education,
commissioner of agriculture and industries, and justices of the supreme court and judges of the
courts of appeals may be removed from office for willful neglect of duty, corruption in office,
incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in
view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of
such duties, or for any offense involving moral turpitude while in office, or committed under color
thereof, or connected therewith, by the senate sitting as a court of impeachment, under oath or
affirmation, on articles or charges preferred by the house of representatives. Removal of Justices of
the Supreme Court or judges of the courts of appeals under this article is subject to Section 6.18A
of the Judicial Article, set forth in Amendment 580.
"(2) When the governor, or lieutenant-governor, or other officer administering the office of
Governor is impeached, the chief justice, or if he the Chief Justice be absent or disqualified, then
one of the associate justices of the supreme court, to be selected by it, shall preside over the senate
when sitting as a court of impeachment.
"(3) If at any time when the legislature is not in session, a majority of all the members elected to the
house of representatives shall certify in writing to the secretary of state their desire to meet to
consider the impeachment of the governor, lieutenant-governor, or other officer administering the
office of governor, it shall be the duty of the secretary of state immediately to notify the speaker of
the house, who shall, within ten days after receipt of such notice, summon the members of the
house, by publication in some newspaper published at the capitol, to assemble at the capitol on a
day to be fixed by the speaker, not later than fifteen days after the receipt of the notice to him or
her from the secretary of state, to consider the impeachment of the governor, lieutenant-governor,
or other officer administering the office of governor. If the house of representatives prefer articles of
impeachment, the speaker of the house shall forthwith notify the lieutenant-governor, unless he the
Lieutenant Governor be the officer impeached, in which event he the speaker shall notify the
secretary of state, who shall summon, in the manner herein above provided for, the members of the
senate to assemble at the capitol on a day to be named in said summons, not later than ten days
after receipt of the notice from the speaker of the house, for the purpose of organizing as a court of
impeachment. The senate, when thus organized, shall hear and try such articles of impeachment
against the governor, lieutenant-governor, or other officer administering the office of governor, as
may be preferred by the house of representatives."
2. Section 174 of the Constitution of Alabama of 1901, is amended and redesignated to read as
follows:
"Section 174 7.02.
"The chancellors, judges of the circuit courts, judges of the probate courts, and judges of other
courts from which an appeal may be taken directly to the supreme court, and solicitors District
attorneys and sheriffs, may be removed from office for any of the causes specified in the preceding
section or elsewhere in this Constitution, by the supreme court, under such regulations as may be
prescribed by law. The legislature may provide for the impeachment or removal of other officers
than those named in this article."
3. Section 175 of the Constitution of Alabama of 1901, is amended and redesignated to read as
follows:
"Section 175 7.03.
"The clerks of the circuit courts, or courts of like jurisdiction, and of criminal courts, tax collectors,
tax assessors, county treasurers, county superintendents of education, judges of inferior courts
created under authority of section 168 of this Constitution, coroners, justices of the peace, notaries
public, constables, and all other All county officers, mayors, intendants, and all other officers of
incorporated cities and towns in this state, may be removed from office for any of the causes
specified in section 173 7.01 of this Constitution, by the circuit or other courts of like jurisdiction or
a criminal court of a court having jurisdiction to try felony cases in the county in which such officers
hold their office., under such regulations as may be prescribed by law; The Legislature shall provide
by law the method of proceeding under this section, provided, that the right of trial by jury and
appeal in such cases shall be secured. This section shall not apply to the judge of any court who
may be removed by procedures provided by the Judicial Article."
4. Section 176 of the Constitution of Alabama of 1901, is redesignated without substantive change
as follows:
"Section 176 7.04.
"The penalties in cases arising under the three preceding sections shall not extend beyond removal
from office, and disqualifications from holding office, under the authority of this state, for the term
for which the officer was elected or appointed; but the accused shall be liable to indictment and
punishment as prescribed by law."
Section 2. An election upon the proposed amendment shall be held in accordance with Sections
284 and 285 of the Constitution of Alabama of 1901, as amended, and the election laws of this
state.
Section 3. The appropriate election official shall assign a ballot number for the proposed
constitutional amendment on the election ballot and shall set forth the following description of the
substance or subject matter of the proposed constitutional amendment: "Proposing an amendment
to the Constitution of Alabama of 1901, revising and reenacting Article VII relating to the
impeachment of public officers, to conform the article with existing constitutional provisions relating
to the application to persons administering the office of Governor, the State Superintendent of
Education, various judicial officials, and county and municipal officials.
"Proposed by Act ________."
This description shall be followed by the following language:
"Yes ( ) No ( )."
Constitutional Amendments
Elections
Impeachment
Public Officers and Employees
Governor
Judges
Judicial Procedure
Courts
Court, Supreme
Court of Civil Appeals
Court of Criminal Appeals