Understanding the Process and Rules of Impeachment in Michigan
Michigan’s history with impeachment is relatively short, with the first and only instance occurring in 1975 against Governor William Milliken.
However, the process outlined in the state’s constitution and further detailed in the Michigan Compiled Laws Act 62 of 1872 remains a relevant and important safeguard against misconduct by public officials.
Take a dive into the impeachment rules and laws in Michigan
Grounds for Impeachment:
As per MCL Act 62, impeachment in Michigan can be initiated against any state officer, including the governor, lieutenant governor, secretary of state, attorney general, and justices of the supreme court.
The grounds for impeachment are outlined in the Michigan Constitution, Article IX, Section 7, and encompass a range of offenses, including:
- Treason: Betraying the state or aiding its enemies.
- Bribery: Accepting or offering bribes in exchange for official action.
- Misconduct in office: Any act that constitutes a violation of the public trust or a breach of duty by an official.
- High crimes and misdemeanors: This catch-all category encompasses serious offenses that, while not specifically defined, are deemed to be detrimental to the state and its citizen
The Impeachment Process:
The impeachment process in Michigan is a two-stage procedure:
1. House of Representatives:
The process begins in the House of Representatives, where a majority vote is required to initiate an impeachment inquiry.
If the inquiry finds sufficient evidence of wrongdoing, the House can vote to impeach the official by a two-thirds majority.
Upon impeachment, the official is suspended from office until the Senate trial.
2. Senate Trial:
The Senate then conducts a trial, presided over by the Chief Justice of the Supreme Court.
Both the House and the impeached official are represented by counsel and have the right to present evidence and witnesses.
A two-thirds majority vote in the Senate is required to convict the official and remove them from office.
MCL Act 62 and the Impeachment Process:
MCL Act 62 provides further details and procedures related to the impeachment process. It outlines:
The specific steps involved in forming an impeachment inquiry committee in the House.
The rules of evidence and procedure during the Senate trial.
The potential consequences of conviction, including removal from office and disqualification from holding future public office.
Michigan Laws
IMPEACHMENTS
6.1 Impeachment of civil officers; power of house, suspension; vacancies.
Sec. 1.
6.2 Impeachment; trial by senate, judgment.
Sec. 2.
6.3 Impeachment; prosecution by house.
Sec. 3.
6.5 Impeachment; appearance and answer of accused.
Sec. 5.
6.6 Impeachment; counsel for accused.
Sec. 6.
6.7 Impeachment; trial, time, place, adjournment.
Sec. 7.
6.8 Impeachment; acquittal.
Sec. 8.
Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?
Have you been charged with a crime?
Call our office to see if we can help
Komorn Law 248-357-2550
6.9 Impeachment; president of senate, notice to senate.
Sec. 9.
6.11 Impeachment; duties of secretary; record of proceedings, oaths.
Sec. 11.
6.12 Impeachment; senate appointment and removal of subordinate officers.
Sec. 12.
6.13 Impeachment; powers of managers, rights of process.
Sec. 13.
6.14 Impeachment; senate rules and regulations.
Sec. 14.
6.15 Impeachment; compensation of members of court, managers, and other officers; payment.
Sec. 15.
6.16 Application of act.
Sec. 16.
Index
Index and Information Source
History: 1872, Act 62, Imd. Eff. Mar. 30, 1872
| Document | Type | Description |
| Section 6.1 | Section | Impeachment of civil officers; power of house, suspension; vacancies. |
| Section 6.2 | Section | Impeachment; trial by senate, judgment. |
| Section 6.3 | Section | Impeachment; prosecution by house. |
| Section 6.4 | Section | Impeachment; organization of senate as court, oaths, attendance of members. |
| Section 6.5 | Section | Impeachment; appearance and answer of accused. |
| Section 6.6 | Section | Impeachment; counsel for accused. |
| Section 6.7 | Section | Impeachment; trial, time, place, adjournment. |
| Section 6.8 | Section | Impeachment; acquittal. |
| Section 6.9 | Section | Impeachment; president of senate, notice to senate. |
| Section 6.10 | Section | Impeachment; writs and process, signing and testing, enforcement. |
| Section 6.11 | Section | Impeachment; duties of secretary; record of proceedings, oaths. |
| Section 6.12 | Section | Impeachment; senate appointment and removal of subordinate officers. |
| Section 6.13 | Section | Impeachment; powers of managers, rights of process. |
| Section 6.14 | Section | Impeachment; senate rules and regulations. |
| Section 6.15 | Section | Impeachment; compensation of members of court, managers, and other officers; payment. |
| Section 6.16 | Section | Application of act. |
More Posts
Father fighting to use medical marijuana concentrates
April 23, 2015 - In Western Michigan yet another Michigan Medical Marijuana patient is fighting for his freedom in a system of confusing laws. He is also fighting for the right to see his child all while the State of Michigan possibly destroys his family and...
Prosecutors drop marijuana charges against Michigan mom
Aug 5, 2015 - After a year long battle, Michigan Attorney Michael Komorn and his staff have chalked up another positive conclusion for a client caught up in the medical marijuana and forfeiture debacle. Some may consider it a win, but this slow ruination of a family...
Security Systems – You should have one!!
For most... a security video system is a tool to protect themselves from liability, false accusations and identify activities around their home or business. For some, such as thieves, those who make false accusations and liars...it works against them. There...
What’s required of you in a Michigan traffic stop?
July 24, 2015 Dashcam video released this week from a traffic stop shows how a confrontation between a Texas woman and the arresting officer escalated. Given the circumstances in the aforementioned Sandra Bland case, we wanted to find out what is allowed and not...
Detroit police make arrests at marijuana dispensary
The Detroit police raided and made arrests at marijuana dispensary in an article in the Detroit Free Press from July 14, 2015. Detroit police arrested two people and confiscated two firearms and drugs during a raid on a marijuana dispensary Tuesday afternoon. Police...
Michigan Medical Marihuana Patient Bill of Rights
On November 8th, 2008, by a majority of 63 percent, the citizens of the State of Michigan voted into law the constitutional initiative, Initiated Law 1 of 2008, ratified into law December 4, 2008, herein referred to as the Michigan Medical Marihuana Act, MCL 333.26421...
Colorado Supreme Court: Employers can fire for off-duty pot use
The Colorado Supreme Court ruled Monday Jun 15, 2015, that Employers’ zero-tolerance drug policies trump Colorado’s medical marijuana laws. In a 6-0 decision, the Colorado Supreme Court affirmed lower court rulings that businesses can fire employees for the use...
How a sex toy put spotlight on Michigan civil asset forfeiture laws targeted for reform
The headlines read... "How a sex toy put national spotlight on Michigan civil asset forfeiture laws targeted for reform" "State Legislators Reconsider Forfeiture Laws That Turn Cops Into Robbers" "Why Take My Vibrator?" Cops Legally Rob "every Belonging"...
Reform Today’s Forfeiture Laws
Everyday, I get calls to my office from medical marijuana patients and caregivers who have been raided or pulled over by police. Often times, these individuals are not arrested, and little if any paperwork is left behind by the various Narcotics Enforcement Teams....
KOMORN LAW NEWSLETTER ISSUE #1 May 2015
The Michigan Legal Advisor News Letters. Read the current newsletter from Michigan's #1 Medical Marijuana Defense Attorney Michael Komorn. KOMORN LAW NEWSLETTER ISSUE #1 May 2015 Michael Komorn is recognized as a leading expert on the Michigan Medical...
