CHAPTER 1. IMPEACHMENT AND REMOVAL FROM OFFICE
IC 5-8
ARTICLE 8. OFFICERS' IMPEACHMENT,REMOVAL, RESIGNATION, AND DISQUALIFICATION
IC 5-8-1
Chapter 1. Impeachment and Removal From Office
IC 5-8-1-1
Officers; judges; prosecuting attorney; liability to impeachment
Sec. 1. (a) Under Article 6, Sections 7 and 8 of the Constitutionof the State of Indiana, all state officers other than justices of thesupreme court or judges of the court of appeals of Indiana or theIndiana tax court, all other judges, prosecuting attorneys, and allcounty, city, town, and township officers are liable to impeachmentfor any misdemeanor in office.
(b) A justice of the supreme court or a judge of the court ofappeals of Indiana or of the Indiana tax court is subject to removalfrom office under Article 7, Section 11 of the Constitution of theState of Indiana.
(Formerly: Acts 1897, c.182, s.1.) As amended by P.L.3-1993,SEC.241.
IC 5-8-1-2
Method of impeachment
Sec. 2. All impeachments must be by resolution, adopted,originated in and conducted by managers elected by the house ofrepresentatives, who must prepare articles of impeachment, presentthem at the bar of the senate and prosecute the same, and the trialmust be had before the senate sitting as a court of impeachment.
(Formerly: Acts 1897, c.182, s.2.)
IC 5-8-1-3
Articles of impeachment
Sec. 3. When an officer is impeached by the house ofrepresentatives for a misdemeanor in office, the articles ofimpeachment must be delivered to the president of the senate, savingand excepting only that in case the officer impeached be thegovernor, lieutenant-governor, or the acting president of the senate,such articles shall be delivered to the secretary of the senate.
(Formerly: Acts 1897, c.182, s.3.)
IC 5-8-1-4
Hearing
Sec. 4. The senate must assign a day for the hearing of theimpeachment, and inform the managers elected by the house ofrepresentatives thereof. The secretary of the senate must cause acopy of the articles of impeachment, with a notice to appear andanswer the same at the time and place appointed, to be served on thedefendant not less than ten (10) days before the day fixed for thehearing.(Formerly: Acts 1897, c.182, s.4.)
IC 5-8-1-5
Service upon defendant
Sec. 5. The service must be made upon the defendant personally,or if he can not, upon diligent inquiry, be found within the state, thesenate, upon proof of the fact, may order publication to be made, insuch manner as it may deem proper, of a notice requiring him toappear at a specified time and place and answer the articles ofimpeachment.
(Formerly: Acts 1897, c.182, s.5.)
IC 5-8-1-6
Absence of defendant
Sec. 6. If the defendant does not appear, the senate, upon proof ofservice or publication, as provided in the two (2) sections lastpreceding, may, of its own motion, or for cause shown, assignanother day for hearing the impeachment, or may proceed, in theabsence of the defendant, to trial and judgment.
(Formerly: Acts 1897, c.182, s.6.)
IC 5-8-1-7
Objections to articles of impeachment; pleas
Sec. 7. When the defendant appears, he may in writing object tothe sufficiency of the articles of impeachment, or he may answer thesame by an oral plea of not guilty, which plea must be entered uponthe journal and put in issue every material allegation of the articlesof impeachment.
(Formerly: Acts 1897, c.182, s.7.)
IC 5-8-1-8
Answering articles of impeachment; judgment
Sec. 8. If the objection to the sufficiency of the articles ofimpeachment is not sustained by a majority of the members of thesenate who heard the argument, the defendant must be orderedforthwith to answer the articles of impeachment. If he then pleadsguilty, the senate must render judgment of conviction against him. Ifhe plead not guilty, or refuses to plead, the senate must, at such timeas it may appoint, proceed to try the impeachment.
(Formerly: Acts 1897, c.182, s.8.)
IC 5-8-1-9
Oaths
Sec. 9. At the time and place appointed, and before the senateproceeds to act on the impeachment, the secretary must administerto the president of the senate, and the president of the senate to eachof the members of the senate then present, an oath, truly andimpartially to hear, try and determine the impeachment; and nomember of the senate can vote or act upon the impeachment, or uponany question arising thereon, without having taken such oath.(Formerly: Acts 1897, c.182, s.9.)
IC 5-8-1-10
Conviction
Sec. 10. The defendant can not be convicted on impeachmentwithout the concurrence of two-thirds of the members elected, votingby ayes and noes, and if two-thirds of the members elected do notconcur in a conviction, he must be acquitted.
(Formerly: Acts 1897, c.182, s.10.)
IC 5-8-1-11
Judgment
Sec. 11. After conviction, the senate must, at such time as it mayappoint, pronounce judgment, in the form of resolution entered uponthe journals of the senate.
(Formerly: Acts 1897, c.182, s.11.)
IC 5-8-1-12
Resolution of acquittal or conviction
Sec. 12. On the adoption of the resolution by a majority of themembers present who voted on the question of acquittal orconviction, it becomes the judgment of the senate.
(Formerly: Acts 1897, c.182, s.12.)
IC 5-8-1-13
Suspension or removal from office
Sec. 13. The judgment may be that the defendant be suspended orthat he be removed from office and disqualified to hold any office ofhonor, trust or profit, under the state.
(Formerly: Acts 1897, c.182, s.13.)
IC 5-8-1-14
Disqualification of defendant from receiving salaries
Sec. 14. If judgment of suspension is given, the defendant, duringthe continuance thereof, is disqualified from receiving the salary,fees or emoluments of the office.
(Formerly: Acts 1897, c.182, s.14.)
IC 5-8-1-15
Temporary suspension during pendency of proceedings; fillingvacancies
Sec. 15. Whenever articles of impeachment against any officersubject to impeachment are presented to the senate, such officer istemporarily suspended from office and cannot act in the officer'sofficial capacity until the officer is acquitted. Upon such suspensionof any officer other than the governor, the office must, at once, betemporarily filled by an appointment made by the governor, with theadvice and consent of the senate, until the acquittal of the partyimpeached, or, in case of removal, until the vacancy is filled asrequired by law.(Formerly: Acts 1897, c.182, s.15.) As amended by P.L.3-1989,SEC.27.
IC 5-8-1-16
Impeachment of governor or lieutenant governor; chief justice topreside
Sec. 16. If the governor or lieutenant-governor is impeached, thechief justice of the Supreme Court of the state shall preside over thesenate during the impeachment trial, but he shall not have the rightto vote.
(Formerly: Acts 1897, c.182, s.16.)
IC 5-8-1-17
Indictment or information not barred
Sec. 17. If the offense for which the defendant is convicted onimpeachment is also the subject of an indictment or information, theindictment or information is not barred hereby.
(Formerly: Acts 1897, c.182, s.17.)
IC 5-8-1-18
Senate to continue in session
Sec. 18. In case impeachment proceedings be pending in thesenate at the time of the expiration of any session of the generalassembly, the senate shall be continued in session for the sole andonly purpose of sitting as a court of impeachment until suchimpeachment proceedings be concluded, and may, pending theconclusion of such impeachment proceedings, adjourn from time totime, as it may deem expedient.
(Formerly: Acts 1897, c.182, s.18.)
IC 5-8-1-19
Judge or prosecuting attorney; duties of attorney general
Sec. 19. (a) Under Article 7, Section 13 of the Constitution of theState of Indiana, whenever a circuit, superior, probate, or countycourt judge or prosecuting attorney has been convicted of corruptionor any other high crime, the attorney general shall bring proceedingsin the supreme court, on information, in the name of the state, for theremoval from office of the judge or prosecuting attorney.
(b) If the judgment is against the defendant, the defendant isremoved from office. The governor, the officer, or the entity requiredto fill a vacancy under IC 3-13-6-2 shall, subject to:
(1) IC 33-33-2-39;
(2) IC 33-33-2-43;
(3) IC 33-33-45-38; and
(4) IC 33-33-71-40;
appoint or select a successor to fill the vacancy in office.
(Formerly: Acts 1897, c.182, s.19.) As amended by P.L.3-1987,SEC.497; P.L.3-1993, SEC.242; P.L.16-1995, SEC.3; P.L.19-1995,SEC.4; P.L.98-2004, SEC.62.
IC 5-8-1-20
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 5-8-1-21
Written accusations; grand jury
Sec. 21. An accusation in writing against any district officer,county officer, township officer, municipal officer, or prosecutingattorney may be presented by the grand jury of the county in whichthe officer accused is elected or appointed.
(Formerly: Acts 1897, c.182, s.21.) As amended by P.L.1-1990,SEC.56.
IC 5-8-1-22
Form of accusation
Sec. 22. The accusation must state the offense charged in ordinaryand concise language, and without repetition.
(Formerly: Acts 1897, c.182, s.22.)
IC 5-8-1-23
Delivery of accusations; service on defendant
Sec. 23. The accusation must be delivered by the foreman of thegrand jury to the prosecuting attorney of the county, except when heis the officer accused, who must cause a copy thereof to be servedupon the defendant, and require, by notice in writing of not less thanten (10) days, that he appear before the circuit court of the county atthe time mentioned in the notice, and answer the accusation. Theoriginal accusation must then be filed with the clerk of the court, orif he be the party accused, with the judge of the court.
(Formerly: Acts 1897, c.182, s.23.) As amended by P.L.3-1993,SEC.243.
IC 5-8-1-24
Appearance of defendant
Sec. 24. The defendant must appear at the time appointed in thenotice and answer the accusation, unless, for some sufficient cause,the court assign another day for that purpose. If he does not appear,the court may proceed to hear and determine the accusation in hisabsence.
(Formerly: Acts 1897, c.182, s.24.)
IC 5-8-1-25
Answering accusation
Sec. 25. The defendant may answer the accusation either byobjecting to the sufficiency thereof, or of any article therein, or bydenying the truth of the same.
(Formerly: Acts 1897, c.182, s.25.)
IC 5-8-1-26
Objections to legal sufficiency of accusation Sec. 26. If the defendant objects to the legal sufficiency of theaccusation, the objection must be in writing, but need not be in anyspecific form, it being sufficient if it presents intelligibly the groundsof the objection.
(Formerly: Acts 1897, c.182, s.26.)
IC 5-8-1-27
Denial of accusation
Sec. 27. If he denies the truth of the accusation, the denial may beoral and without oath, and must be entered upon the minutes.
(Formerly: Acts 1897, c.182, s.27.)
IC 5-8-1-28
Objection to accusation not sustained
Sec. 28. If an objection to the sufficiency of the accusation is notsustained, the defendant must answer thereto forthwith.
(Formerly: Acts 1897, c.182, s.28.)
IC 5-8-1-29
Guilty plea or refusal to answer; not guilty plea
Sec. 29. If the defendant pleads guilty, or refuses to answer theaccusation, the court must render judgment of conviction againsthim. If he denies the matters charged, the court must immediately, orat such time as it may appoint, proceed to try the accusation.
(Formerly: Acts 1897, c.182, s.29.)
IC 5-8-1-30
Trial
Sec. 30. The trial must be by a jury, and conducted in all respectsin the same manner as the trial of an indictment for a misdemeanor.
(Formerly: Acts 1897, c.182, s.30.)
IC 5-8-1-31
Attendance of witnesses
Sec. 31. The prosecuting attorney and the defendant arerespectively entitled to such process as may be necessary to enforcethe attendance of witnesses, as upon a trial of an indictment.
(Formerly: Acts 1897, c.182, s.31.)
IC 5-8-1-32
Repealed
(Repealed by Acts 1982, P.L.34, SEC.2.)
IC 5-8-1-33
Repealed
(Repealed by Acts 1982, P.L.34, SEC.2.)
IC 5-8-1-34
Removal of prosecuting attorney; proceedings
Sec. 34. The same proceedings maybe had on like grounds for the
removal of a prosecuting attorney, except that the accusation must bedelivered by the foreman of the grand jury to the clerk, and by himto the judge of the circuit court of the county, or criminal court, ifsuch court exists in the county, who must thereupon notify theattorney-general to act as prosecuting officer in the matter, and shalldesignate some resident attorney to act as assistant to theattorney-general in such prosecution, whose compensation shall befixed by the court and paid out of the county treasury.
(Formerly: Acts 1897, c.182, s.34.)
IC 5-8-1-35
Verification of accusation; citing party; hearing; judgment
Sec. 35. (a) When an accusation in writing, verified by the oath ofany person, is presented to a circuit court, alleging that any officerwithin the jurisdiction of the court has been guilty of:
(1) charging and collecting illegal fees for services rendered orto be rendered in his office;
(2) refusing or neglecting to perform the official dutiespertaining to his office; or
(3) violating IC 36-6-4-17(b) if the officer is the executive of atownship;
the court must cite the party charged to appear before the court at anytime not more than ten (10) nor less than five (5) days from the timethe accusation was presented, and on that day or some othersubsequent day not more than twenty (20) days from the time theaccusation was presented must proceed to hear, in a summarymanner, the accusation and evidence offered in support of the same,and the answer and evidence offered by the party accused.
(b) If after the hearing under subsection (a) it appears that thecharge is sustained, the court must do the following:
(1) Enter a decree that the party accused be deprived of hisoffice.
(2) Enter a judgment as follows:
(A) For five hundred dollars ($500) in favor of theprosecuting officer.
(B) For costs as are allowed in civil cases.
(C) For the amount of money that was paid to the officer incompensation from the day when the accusation was filedunder this section to the day when judgment is entered infavor of the public entity paying the compensation to theofficer.
(c) In an action under this section, a court may award reasonableattorney's fees, court costs, and other reasonable expenses oflitigation to the accused officer if:
(1) the officer prevails; and
(2) the court finds that the accusation is frivolous or vexatious.
(Formerly: Acts 1897, c.182, s.35.) As amended by P.L.34-1992,SEC.1.
IC 5-8-1-36
Repealed
(Repealed by Acts 1982, P.L.34, SEC.2.)
IC 5-8-1-37
Repealed
(Repealed by P.L.37-2008, SEC.4.)
IC 5-8-1-38
Felony conviction; removal; appeal; reinstatement; remuneration;vacancy
Sec. 38. (a) The following definitions apply throughout thissection:
(1) "Felony" has the meaning set forth in IC 3-8-1-5.
(2) "Public officer" means any person, elected or appointed,who holds any state, county, township, city, or town office.
(b) Any public officer convicted of a felony during the publicofficer's term of office shall:
(1) be removed from office by operation of law when:
(A) in a jury trial, a jury publicly announces a verdict againstthe person for a felony;
(B) in a bench trial, the court publicly announces a verdictagainst the person for a felony; or
(C) in a guilty plea hearing, the person pleads guilty or nolocontendere to a felony; and
(2) not receive any salary or remuneration from the time thepublic officer is removed from office under subdivision (1).
(c) The subsequent reduction of a felony to a Class Amisdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5 after the:
(1) jury has announced its verdict against the person for afelony;
(2) court has announced its verdict against the person for afelony; or
(3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (b).
(d) If the conviction is:
(1) reversed;
(2) vacated;
(3) set aside;
(4) for a felony other than a felony arising out of an action takenin the public officer's official capacity, reduced to a Class Amisdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5; or
(5) not entered because the trial court did not accept the guiltyplea;
and the public officer's term has not expired, the public officer shallbe reinstated in office and receive any salary or other remunerationthat the public officer would have received had the public officer notbeen removed from office.
(e) If the conviction is reversed, vacated, or set aside and thepublic officer's term has expired, the public officer shall receive any
salary or other remuneration that the public officer would havereceived had the public officer not been removed from office.
(f) A vacancy in a public office caused by the removal of a publicofficer under this section shall be filled as provided by law. If aconvicted public officer is reinstated, the person filling the officeduring the appeal shall cease to hold the office.
(g) This subsection applies whenever:
(1) a public officer is removed from office by operation of lawunder subsection (b); and
(2) a vacancy occurs in a state, county, township, city, or townoffice as the result of the removal from office.
The court must file a certified copy of the sentencing order with theperson who is entitled under IC 5-8-6 to receive notice of the deathof an individual holding the office. The person receiving a copy ofthe sentencing order must give notice of the vacancy in the samemanner as if the person had received a notice under IC 5-8-6. Theperson who is required or permitted to fill the vacancy must complywith IC 3-13.
(h) This subsection applies if a public officer is reinstated inoffice under subsection (d). The court must file a certified copy ofthe order reversing, vacating, reducing, or setting aside theconviction with the person who is entitled under IC 5-8-6 to receivenotice of the death of an individual holding the office. The personreceiving a copy of the order must give notice of the reinstatement inthe same manner as notice of a vacancy would be given underIC 5-8-6. The person receiving a copy of the order must also givenotice to the person who was selected to fill the vacancy before thereinstatement occurred.
As added by P.L.37-2008, SEC.2.