CHAPTER 1. IMPEACHMENT AND REMOVAL FROM OFFICE
IC 5-8
ARTICLE 8. OFFICERS' IMPEACHMENT,
REMOVAL, RESIGNATION, AND DISQUALIFICATION
IC 5-8-1
Chapter 1. Impeachment and Removal From Office
IC 5-8-1-1
Officers; judges; prosecuting attorney; liability to impeachment
Sec. 1. (a) Under Article 6, Sections 7 and 8 of the Constitution
of the State of Indiana, all state officers other than justices of the
supreme court or judges of the court of appeals of Indiana or the
Indiana tax court, all other judges, prosecuting attorneys, and all
county, city, town, and township officers are liable to impeachment
for any misdemeanor in office.
(b) A justice of the supreme court or a judge of the court of
appeals of Indiana or of the Indiana tax court is subject to removal
from office under Article 7, Section 11 of the Constitution of the
State of Indiana.
(Formerly: Acts 1897, c.182, s.1.) As amended by P.L.3-1993,
SEC.241.
IC 5-8-1-2
Method of impeachment
Sec. 2. All impeachments must be by resolution, adopted,
originated in and conducted by managers elected by the house of
representatives, who must prepare articles of impeachment, present
them at the bar of the senate and prosecute the same, and the trial
must be had before the senate sitting as a court of impeachment.
(Formerly: Acts 1897, c.182, s.2.)
IC 5-8-1-3
Articles of impeachment
Sec. 3. When an officer is impeached by the house of
representatives for a misdemeanor in office, the articles of
impeachment must be delivered to the president of the senate, saving
and excepting only that in case the officer impeached be the
governor, lieutenant-governor, or the acting president of the senate,
such articles shall be delivered to the secretary of the senate.
(Formerly: Acts 1897, c.182, s.3.)
IC 5-8-1-4
Hearing
Sec. 4. The senate must assign a day for the hearing of the
impeachment, and inform the managers elected by the house of
representatives thereof. The secretary of the senate must cause a
copy of the articles of impeachment, with a notice to appear and
answer the same at the time and place appointed, to be served on the
defendant not less than ten (10) days before the day fixed for the
hearing.
(Formerly: Acts 1897, c.182, s.4.)
IC 5-8-1-5
Service upon defendant
Sec. 5. The service must be made upon the defendant personally,
or if he can not, upon diligent inquiry, be found within the state, the
senate, upon proof of the fact, may order publication to be made, in
such manner as it may deem proper, of a notice requiring him to
appear at a specified time and place and answer the articles of
impeachment.
(Formerly: Acts 1897, c.182, s.5.)
IC 5-8-1-6
Absence of defendant
Sec. 6. If the defendant does not appear, the senate, upon proof of
service or publication, as provided in the two (2) sections last
preceding, may, of its own motion, or for cause shown, assign
another day for hearing the impeachment, or may proceed, in the
absence of the defendant, to trial and judgment.
(Formerly: Acts 1897, c.182, s.6.)
IC 5-8-1-7
Objections to articles of impeachment; pleas
Sec. 7. When the defendant appears, he may in writing object to
the sufficiency of the articles of impeachment, or he may answer the
same by an oral plea of not guilty, which plea must be entered upon
the journal and put in issue every material allegation of the articles
of impeachment.
(Formerly: Acts 1897, c.182, s.7.)
IC 5-8-1-8
Answering articles of impeachment; judgment
Sec. 8. 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 defendant must be ordered
forthwith to answer the articles of impeachment. If he then pleads
guilty, the senate must render judgment of conviction against him. If
he plead not guilty, or refuses to plead, the senate must, at such time
as it may appoint, proceed to try the impeachment.
(Formerly: Acts 1897, c.182, s.8.)
IC 5-8-1-9
Oaths
Sec. 9. At the time and place appointed, and before the senate
proceeds to act on the impeachment, the secretary must administer
to the president of the senate, and the president of the senate to each
of the members of the senate then present, an oath, truly and
impartially to hear, try and determine the impeachment; and no
member of the senate can vote or act upon the impeachment, or upon
any question arising thereon, without having taken such oath.
(Formerly: Acts 1897, c.182, s.9.)
IC 5-8-1-10
Conviction
Sec. 10. The defendant can not be convicted on impeachment
without the concurrence of two-thirds of the members elected, voting
by ayes and noes, and if two-thirds of the members elected do not
concur in a conviction, he must be acquitted.
(Formerly: Acts 1897, c.182, s.10.)
IC 5-8-1-11
Judgment
Sec. 11. After conviction, the senate must, at such time as it may
appoint, pronounce judgment, in the form of resolution entered upon
the journals of the senate.
(Formerly: Acts 1897, c.182, s.11.)
IC 5-8-1-12
Resolution of acquittal or conviction
Sec. 12. 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 senate.
(Formerly: Acts 1897, c.182, s.12.)
IC 5-8-1-13
Suspension or removal from office
Sec. 13. 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 state.
(Formerly: Acts 1897, c.182, s.13.)
IC 5-8-1-14
Disqualification of defendant from receiving salaries
Sec. 14. If judgment of suspension is given, the defendant, during
the continuance thereof, is disqualified from receiving the salary,
fees or emoluments of the office.
(Formerly: Acts 1897, c.182, s.14.)
IC 5-8-1-15
Temporary suspension during pendency of proceedings; filling
vacancies
Sec. 15. Whenever articles of impeachment against any officer
subject to impeachment are presented to the senate, such officer is
temporarily suspended from office and cannot act in the officer's
official capacity until the officer is acquitted. Upon such suspension
of any officer other than the governor, the office must, at once, be
temporarily filled by an appointment made by the governor, with the
advice and consent of the senate, until the acquittal of the party
impeached, or, in case of removal, until the vacancy is filled as
required by law.
(Formerly: Acts 1897, c.182, s.15.) As amended by P.L.3-1989,
SEC.27.
IC 5-8-1-16
Impeachment of governor or lieutenant governor; chief justice to
preside
Sec. 16. If the governor or lieutenant-governor is impeached, the
chief justice of the Supreme Court of the state shall preside over the
senate during the impeachment trial, but he shall not have the right
to vote.
(Formerly: Acts 1897, c.182, s.16.)
IC 5-8-1-17
Indictment or information not barred
Sec. 17. 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 barred hereby.
(Formerly: Acts 1897, c.182, s.17.)
IC 5-8-1-18
Senate to continue in session
Sec. 18. In case impeachment proceedings be pending in the
senate at the time of the expiration of any session of the general
assembly, the senate shall be continued in session for the sole and
only purpose of sitting as a court of impeachment until such
impeachment proceedings be concluded, and may, pending the
conclusion of such impeachment proceedings, adjourn from time to
time, as it may deem expedient.
(Formerly: Acts 1897, c.182, s.18.)
IC 5-8-1-19
Judge or prosecuting attorney; duties of attorney general
Sec. 19. (a) Under Article 7, Section 13 of the Constitution of the
State of Indiana, whenever a circuit, superior, probate, or county
court judge or prosecuting attorney has been convicted of corruption
or any other high crime, the attorney general shall bring proceedings
in the supreme court, on information, in the name of the state, for the
removal from office of the judge or prosecuting attorney.
(b) If the judgment is against the defendant, the defendant is
removed from office. The governor, the officer, or the entity required
to fill a vacancy under IC 3-13-6-2 shall, subject to:
(1) IC 33-33-2-39;
(2) IC 33-33-2-43;
(3) IC 33-33-45-38; and
(4) IC 33-33-71-40;
appoint or select a successor to fill the vacancy in office.
(Formerly: Acts 1897, c.182, s.19.) As amended by P.L.3-1987,
SEC.497; P.L.3-1993, SEC.242; P.L.16-1995, SEC.3; P.L.19-1995,
SEC.4; P.L.98-2004, SEC.62.
IC 5-8-1-20
Repealed
(Repealed by P.L.3-1993, SEC.282.)
IC 5-8-1-21
Written accusations; grand jury
Sec. 21. An accusation in writing against any district officer,
county officer, township officer, municipal officer, or prosecuting
attorney may be presented by the grand jury of the county in which
the officer accused is elected or appointed.
(Formerly: Acts 1897, c.182, s.21.) As amended by P.L.1-1990,
SEC.56.
IC 5-8-1-22
Form of accusation
Sec. 22. The accusation must state the offense charged in ordinary
and concise language, and without repetition.
(Formerly: Acts 1897, c.182, s.22.)
IC 5-8-1-23
Delivery of accusations; service on defendant
Sec. 23. The accusation must be delivered by the foreman of the
grand jury to the prosecuting attorney of the county, except when he
is the officer accused, who must cause a copy thereof to be served
upon the defendant, and require, by notice in writing of not less than
ten (10) days, that he appear before the circuit court of the county at
the time mentioned in the notice, and answer the accusation. The
original accusation must then be filed with the clerk of the court, or
if he be the party accused, with the judge of the court.
(Formerly: Acts 1897, c.182, s.23.) As amended by P.L.3-1993,
SEC.243.
IC 5-8-1-24
Appearance of defendant
Sec. 24. The defendant must appear at the time appointed in the
notice and answer the accusation, unless, for some sufficient cause,
the court assign another day for that purpose. If he does not appear,
the court may proceed to hear and determine the accusation in his
absence.
(Formerly: Acts 1897, c.182, s.24.)
IC 5-8-1-25
Answering accusation
Sec. 25. The defendant may answer the accusation either by
objecting to the sufficiency thereof, or of any article therein, or by
denying the truth of the same.
(Formerly: Acts 1897, c.182, s.25.)
IC 5-8-1-26
Objections to legal sufficiency of accusation
Sec. 26. If the defendant objects to the legal sufficiency of the
accusation, the objection must be in writing, but need not be in any
specific form, it being sufficient if it presents intelligibly the grounds
of the objection.
(Formerly: Acts 1897, c.182, s.26.)
IC 5-8-1-27
Denial of accusation
Sec. 27. If he denies the truth of the accusation, the denial may be
oral and without oath, and must be entered upon the minutes.
(Formerly: Acts 1897, c.182, s.27.)
IC 5-8-1-28
Objection to accusation not sustained
Sec. 28. If an objection to the sufficiency of the accusation is not
sustained, the defendant must answer thereto forthwith.
(Formerly: Acts 1897, c.182, s.28.)
IC 5-8-1-29
Guilty plea or refusal to answer; not guilty plea
Sec. 29. If the defendant pleads guilty, or refuses to answer the
accusation, the court must render judgment of conviction against
him. If he denies the matters charged, the court must immediately, or
at such time as it may appoint, proceed to try the accusation.
(Formerly: Acts 1897, c.182, s.29.)
IC 5-8-1-30
Trial
Sec. 30. The trial must be by a jury, and conducted in all respects
in the same manner as the trial of an indictment for a misdemeanor.
(Formerly: Acts 1897, c.182, s.30.)
IC 5-8-1-31
Attendance of witnesses
Sec. 31. The prosecuting attorney and the defendant are
respectively entitled to such process as may be necessary to enforce
the attendance of witnesses, as upon a trial of an indictment.
(Formerly: Acts 1897, c.182, s.31.)
IC 5-8-1-32
Repealed
(Repealed by Acts 1982, P.L.34, SEC.2.)
IC 5-8-1-33
Repealed
(Repealed by Acts 1982, P.L.34, SEC.2.)
IC 5-8-1-34
Removal of prosecuting attorney; proceedings
Sec. 34. The same proceedings maybe had on like grounds for the
removal of a prosecuting attorney, except that the accusation must be
delivered by the foreman of the grand jury to the clerk, and by him
to the judge of the circuit court of the county, or criminal court, if
such court exists in the county, who must thereupon notify the
attorney-general to act as prosecuting officer in the matter, and shall
designate some resident attorney to act as assistant to the
attorney-general in such prosecution, whose compensation shall be
fixed by the court and paid out of the county treasury.
(Formerly: Acts 1897, c.182, s.34.)
IC 5-8-1-35
Verification of accusation; citing party; hearing; judgment
Sec. 35. (a) When an accusation in writing, verified by the oath of
any person, is presented to a circuit court, alleging that any officer
within the jurisdiction of the court has been guilty of:
(1) charging and collecting illegal fees for services rendered or
to be rendered in his office;
(2) refusing or neglecting to perform the official duties
pertaining to his office; or
(3) violating IC 36-6-4-17(b) if the officer is the executive of a
township;
the court must cite the party charged to appear before the court at any
time not more than ten (10) nor less than five (5) days from the time
the accusation was presented, and on that day or some other
subsequent day not more than twenty (20) days from the time the
accusation was presented must proceed to hear, in a summary
manner, the accusation and evidence offered in support of the same,
and the answer and evidence offered by the party accused.
(b) If after the hearing under subsection (a) it appears that the
charge is sustained, the court must do the following:
(1) Enter a decree that the party accused be deprived of his
office.
(2) Enter a judgment as follows:
(A) For five hundred dollars ($500) in favor of the
prosecuting officer.
(B) For costs as are allowed in civil cases.
(C) For the amount of money that was paid to the officer in
compensation from the day when the accusation was filed
under this section to the day when judgment is entered in
favor of the public entity paying the compensation to the
officer.
(c) In an action under this section, a court may award reasonable
attorney's fees, court costs, and other reasonable expenses of
litigation to the accused officer if:
(1) the officer prevails; and
(2) the court finds that the accusation is frivolous or vexatious.
(Formerly: Acts 1897, c.182, s.35.) As amended by P.L.34-1992,
SEC.1.
IC 5-8-1-36
Repealed
(Repealed by Acts 1982, P.L.34, SEC.2.)
IC 5-8-1-37
Repealed
(Repealed by P.L.37-2008, SEC.4.)
IC 5-8-1-38
Felony conviction; removal; appeal; reinstatement; remuneration;
vacancy
Sec. 38. (a) The following definitions apply throughout this
section:
(1) "Felony" has the meaning set forth in IC 3-8-1-5.
(2) "Public officer" means any person, elected or appointed,
who holds any state, county, township, city, or town office.
(b) Any public officer convicted of a felony during the public
officer's term of office shall:
(1) be removed from office by operation of law when:
(A) in a jury trial, a jury publicly announces a verdict against
the person for a felony;
(B) in a bench trial, the court publicly announces a verdict
against the person for a felony; or
(C) in a guilty plea hearing, the person pleads guilty or nolo
contendere to a felony; and
(2) not receive any salary or remuneration from the time the
public officer is removed from office under subdivision (1).
(c) The subsequent reduction of a felony to a Class A
misdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5 after the:
(1) jury has announced its verdict against the person for a
felony;
(2) court has announced its verdict against the person for a
felony; or
(3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (b).
(d) If the conviction is:
(1) reversed;
(2) vacated;
(3) set aside;
(4) for a felony other than a felony arising out of an action taken
in the public officer's official capacity, reduced to a Class A
misdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5; or
(5) not entered because the trial court did not accept the guilty
plea;
and the public officer's term has not expired, the public officer shall
be reinstated in office and receive any salary or other remuneration
that the public officer would have received had the public officer not
been removed from office.
(e) If the conviction is reversed, vacated, or set aside and the
public officer's term has expired, the public officer shall receive any
salary or other remuneration that the public officer would have
received had the public officer not been removed from office.
(f) A vacancy in a public office caused by the removal of a public
officer under this section shall be filled as provided by law. If a
convicted public officer is reinstated, the person filling the office
during the appeal shall cease to hold the office.
(g) This subsection applies whenever:
(1) a public officer is removed from office by operation of law
under subsection (b); and
(2) a vacancy occurs in a state, county, township, city, or town
office as the result of the removal from office.
The court must file a certified copy of the sentencing order with the
person who is entitled under IC 5-8-6 to receive notice of the death
of an individual holding the office. The person receiving a copy of
the sentencing order must give notice of the vacancy in the same
manner as if the person had received a notice under IC 5-8-6. The
person who is required or permitted to fill the vacancy must comply
with IC 3-13.
(h) This subsection applies if a public officer is reinstated in
office under subsection (d). The court must file a certified copy of
the order reversing, vacating, reducing, or setting aside the
conviction with the person who is entitled under IC 5-8-6 to receive
notice of the death of an individual holding the office. The person
receiving a copy of the order must give notice of the reinstatement in
the same manner as notice of a vacancy would be given under
IC 5-8-6. The person receiving a copy of the order must also give
notice to the person who was selected to fill the vacancy before the
reinstatement occurred.
As added by P.L.37-2008, SEC.2.