WEST virginia legislature

2019 regular session

Committee Substitute

for

Senate Joint Resolution 5

Senators Trump and Boso, original sponsors

[Originating in the Committee on the Judiciary; Reported on February 6, 2019]

 

 

Proposing an amendment to the Constitution of the State of West Virginia, amending section nine, article IV thereof, relating to the impeachment of officials generally; clarifying that a separate vote in an impeachment trial is necessary to preclude a person convicted from holding a position of honor, trust, or profit under the state; clarifying that a separate vote of two thirds of the members of the Senate is necessary to disqualify a person having been impeached and convicted from an office of honor, trust, or profit under the state; providing that rules of practice and procedure for impeachment proceedings and impeachment trials are not subject to judicial review; specifying that state courts are without authority to stay or enjoin impeachment proceedings; 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 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.

Rules of practice or procedure adopted by the House of Delegates or the Senate for impeachment proceedings or by the Senate for a trial on articles of impeachment shall not be subject to judicial review or judicial interpretation.

No court of this state shall have the authority to stay or enjoin an impeachment proceeding or a trial of impeachment.

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 and trials of impeachment are not subject to judicial review or interpretation and that courts of this state have no authority to stay or enjoin impeachment proceedings of the House of Delegates or impeachment trials in the Senate; 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; and removing maladministration as a basis for removal from office.”