WEST virginia legislature

2020 regular session

Introduced

House Joint Resolution 109

By Delegate Hanshaw  (Mr. Speaker)

[Introduced January 27, 2020; Referred
to the Committee on the Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia, amending section nine, article IV thereof, relating to the impeachment of officials; providing that courts have no jurisdiction or authority to stay or enjoin an impeachment proceeding or a trial of impeachment; specifying that rules of practice or procedure relating to impeachment or a trial of impeachment are not subject to judicial review or interpretation; clarifying that a separate vote of two thirds of the members of the Senate is required to disqualify a person from any office of honor, trust, or profit; designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2020, which proposed amendment is that section nine, article IV thereof, be amended to read as follows:

ARTICLE IV.

§9.  Impeachment of officials.

Any officer of the state may be impeached for maladministration corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor.  The House of Delegates shall have the sole power of impeachment.  The Senate shall have the sole power to try impeachments and no person shall be convicted without the concurrence of two thirds of the members elected thereto.  When sitting as a court of impeachment, the president Chief Justice of the Supreme Court of Appeals, or, if from any cause it be improper for him or her to act, then any other judge justice of that court, to be designated by it, shall preside; and the senators shall be on oath or affirmation, to do justice according to law and evidence.  Judgment in cases of impeachment shall not extend further than to removal from office and, if a conviction is had, and disqualification of the person convicted to hold any office of honor, trust or profit, under the state by a concurrence of two thirds of the members elected to the Senate; but the party convicted shall be liable to indictment, trial, judgment, and punishment according to law.  The Senate may sit during the recess of the Legislature for the trial of impeachments.

No court of this state shall have any jurisdiction or authority to stay or enjoin an impeachment proceeding or a trial of impeachment. No rule of practice or procedure adopted by the House of Delegates or the Senate for a trial on articles of impeachment shall be subject to any judicial review or judicial interpretation.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby designated as the “Clarification of the Judiciary’s Role in Impeachment Proceedings Amendment”, and the purpose of the proposed amendment is summarized as follows:  “Declaring that rules of practice or procedure of the House of Delegates and Senate relating to impeachment are not subject to judicial review or interpretation and that courts of this state have no jurisdiction or authority to stay or enjoin impeachment proceedings of the House of Delegates or impeachment trials in the Senate; and clarifying that a separate vote of two thirds of the members of the Senate is required to disqualify a person from any office of honor, trust, or profit.”

NOTE: The purpose of this resolution is to declare that rules of practice or procedure of the House of Delegates and Senate relating to impeachment are not subject to judicial review or interpretation and that courts of this state have no jurisdiction or authority to stay or enjoin impeachment proceedings of the House of Delegates or impeachment trials in the Senate; and to clarify that a separate vote of two thirds of the members of the Senate is required to disqualify a person from any office of honor, trust, or profit.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.