CHAPTER 7. Removal from Office [3000. - 3075.]

Chapter 7 enacted by Stats. 1943, Ch. 134.

§§ 3000–3075 · 42 sections

1. ARTICLE 1. General §§ 3000–3003 · 4 sections

   • § 3000 An officer forfeits his office upon conviction of designated crimes as specified in the Constitution and laws of the State.
   • § 3001 Any State, county, or city officer who is intoxicated while in discharge of the duties of his office, or by reason of intoxication is disqualified for the…
   • § 3002 Whenever the Governor is authorized to appoint a person to an office with the advice and consent of, or subject to confirmation by, the Senate, and no fixed…
   • § 3003 (a) An elected officer of the state or a city, county, city and county, or district in this state forfeits his or her office upon the conviction of a crime…
2. ARTICLE 2. Impeachment §§ 3020–3040 · 22 sections

   • § 3020 State officers elected on a statewide basis, members of the State Board of Equalization, and judges of state courts are subject to impeachment for misconduct…
   • § 3020.5 The Senate when sitting as the court of impeachment is a court of record. The officers of the Senate are the officers of the court.
   • § 3021 All impeachments shall be by resolution adopted, originated in, and conducted by managers elected by the Assembly.
   • § 3022 The managers shall prepare articles of impeachment, present them at the bar of the Senate, and prosecute them. The trial shall be before the Senate, sitting as…
   • § 3023 When an officer is impeached by the Assembly for a misdemeanor in office, the articles of impeachment shall be delivered to the President of the Senate.
   • § 3024 The Senate shall assign a day for the hearing of the impeachment and inform the Assembly thereof.
   • § 3025 Not less than 10 days before the day fixed for the hearing, the President of the Senate shall have served on the defendant a copy of the articles of…
   • § 3026 The service shall be made upon the defendant personally. If upon diligent inquiry he can not be found within the State, upon proof of that fact the Senate may…
   • § 3027 If the defendant does not appear, upon proof of service or publication the Senate may, of its own motion or for cause shown, assign another day for hearing the…
   • § 3028 When the defendant appears, he may object in writing to the sufficiency of the articles of impeachment, or he may answer the articles by an oral plea of not…
   • § 3029 If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the Senate who heard the argument, the…
   • § 3030 If the defendant pleads not guilty, the Senate shall try the impeachment at the time it appoints. The plea shall be entered upon the Senate Journal, and puts…
   • § 3031 At the time and place appointed, and before the Senate acts on the impeachment, the secretary shall administer to the President of the Senate, and the…
   • § 3032 The defendant can not be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the…
   • § 3033 After conviction and at the time appointed by the Senate, it shall pronounce judgment, in the form of a resolution entered upon the Senate Journal.
   • § 3034 On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the…
   • § 3035 The judgment may be that the defendant be suspended, or that he be removed from office and disqualified to hold any office of honor, trust, or profit under the…
   • § 3036 If judgment of suspension is given, during the continuance of the judgment the defendant is disqualified from receiving the salary, fees, or emoluments of the…
   • § 3037 Whenever articles of impeachment against any officer subject to impeachment are presented to the Senate, the officer is temporarily suspended from his office…
   • § 3038 Upon temporary suspension of any officer other than the Governor, his office shall at once be temporarily filled by an appointment made by the Governor, with…
   • § 3039 If the Lieutenant Governor is impeached, notice of the impeachment shall be immediately given to the Senate by the Assembly in order that another president may…
   • § 3040 If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not…
3. ARTICLE 3. Removal Other Than by Impeachment §§ 3060–3075 · 16 sections

   • § 3060 An accusation in writing against any officer of a district, county, or city, including any member of the governing board or personnel commission of a school…
   • § 3061 The accusation shall state the offense charged in ordinary and concise language, and without repetition.
   • § 3062 The accusation shall be delivered by the foreman of the grand jury to the district attorney of the county, unless he is the officer accused.
   • § 3063 The district attorney shall have a copy of the accusation served upon the defendant, and by notice in writing shall require the accused to appear before the…
   • § 3064 The defendant shall appear at the time stated in the notice and answer the accusation, unless for some sufficient cause the court assigns another day for that…
   • § 3065 The defendant may answer the accusation either by objecting to its sufficiency or any article therein, or by denying the truth of the accusation.
   • § 3066 If he objects to the legal sufficiency of the accusation, the objection shall be in writing. The objection need not be in any specific form. It is sufficient…
   • § 3067 If he denies the truth of the accusation, the denial may be oral and without oath. The denial shall be entered upon the minutes.
   • § 3068 If an objection to the sufficiency of the accusation is not sustained, the defendant shall answer thereto forthwith.
   • § 3069 If the defendant pleads guilty, or refuses to answer the accusation, the court shall render judgment of conviction against him. If he denies the matters…
   • § 3070 The trial shall be by a jury, and conducted in all respects in the same manner as the trial of an indictment.
   • § 3071 The district attorney and the defendant are each entitled to such process as is necessary to enforce the attendance of witnesses as upon a trial of an…
   • § 3072 Upon a conviction and at the time appointed by the court it shall pronounce judgment that the defendant be removed from office. To warrant a removal, the…
   • § 3073 The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation shall be delivered by the foreman of the…
   • § 3074 Any officer subject to removal pursuant to this article may be removed from office for willful or corrupt misconduct in office occurring at any time within the…
   • § 3075 In a proceeding under this article, appeal is to the court of appeal.