ARTICLE 3. Removal Other Than by Impeachment
Article 3 enacted by Stats. 1943, Ch. 134.
§§ 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.