Article 8. Impeachment And Removal From Office

Published: 2019

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SECTION VIII-1 Officers subject to impeachment - Grounds - Suspension from office upon felony conviction - Reinstatement - Temporary judges.

The Governor and other elective state officers, including the Justices of the Supreme Court, shall be liable and subject to impeachment for wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. All elected state officers, including Justices of the Supreme Court and Judges of the Court of Criminal Appeals, shall be automatically suspended from office upon their being declared guilty of a felony by a court of competent jurisdiction and their pay and allowances, otherwise payable to such official, shall be withheld during the period of such suspension. In the event such verdict of guilty is reversed by a court of competent jurisdiction on appeal, such accumulated pay and allowances which have been withheld shall be paid to such official and he shall be automatically reinstated in office to serve the remaining part of the term for which he was elected. Such official shall not be entitled to any pay or allowances for a period of time after the term of office would otherwise have expired and he shall not be entitled to reinstatement in office after the expiration of the term for which he was elected. Whenever any Justice of the Supreme Court or Judge of the Court of Criminal Appeals is suspended by reasons of this section, the Governor shall be authorized to appoint a temporary Justice or Judge to serve during the period of such suspension and such temporary Justice or Judge shall be paid for his services the compensation allowed for such regular Justice or Judge. Amended by State Question No. 429, Referendum Petition No. 150, adopted at election held on May 3, 1966.

SECTION VIII-2 Removal of officers not subject to impeachment.

All elective officers, not liable to impeachment, shall be subject to removal from office in such manner and for such causes as may be provided by law.

SECTION VIII-3 Presiding officer in case of impeachment - Presentation of impeachment.

When sitting as a Court of Impeachment, the Senate shall be presided over by the Chief Justice, or if he is absent or disqualified, then one of the Associate Justices of the Supreme Court, to be selected by it, except in cases where all the members of said court are absent or disqualified, or in cases of impeachment of any Justice of the Supreme Court, then the Senate shall elect one of its own members as a presiding officer for such purpose. The House of Representatives shall present all impeachments.

SECTION VIII-4 Oath or affirmation - Number concurring.

When the Senate is sitting as a Court of Impeachment, the Senators shall be on oath, or affirmation, impartially to try the party impeached, and no person shall be convicted without the concurrence of two-thirds of the Senators present.

SECTION VIII-5 Judgment of impeachment.

Judgment of impeachment shall not extend beyond removal from office, but this shall not prevent punishment of any such officer on charges growing out of the same matter by the courts of the State.

SECTION VIII-6 Necessary laws to be passed.

The Legislature shall pass such laws as are necessary for carrying into effect the provisions of this article.

Oklahoma Constitution - ARTICLE VIII - Impeachment and Removal from Office Page 2