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
If you have an LLC you must comply or face fines and possible prison
You work hard. Now get ready to work harder to prepare to give more.If you own or are a member of an LLC.You have a deadline of January 1, 2025Call us we can take care of it for you. 248-357-2550The new Beneficial Ownership Reporting requirements for LLCs and other...
Compounding Charges Laws in Michigan
Understanding Compounding Charges Laws in Michigan Compounding charges refer to the illegal act of accepting or agreeing to accept a benefit in exchange for not prosecuting a crime. In Michigan, this is considered a serious offense, and the law specifically prohibits...
Harris unveils new proposals targeting black men with cannabis legalization
"Harris unveils new proposals targeting Black men as she looks to shore up Democratic coalition" CNNAmid the ongoing national issues, Vice President Kamala Harris introduced new initiatives on Monday aimed at addressing the needs of Black men as she works to bolster...
Cleary becomes latest US law firm to add non-equity partners
See you in the Home Depot lot.Oct 10, 2024 (Reuters) Cleary Gottlieb Steen & Hamilton will create a new category of non-equity partners, becoming the latest major U.S. law firm to move away from the traditional single-tier structure in which all partners have an...
MI Court of Appeals – MRTMA defense denied dismissal
Does the Michigan Regulation and Taxation of Marihuana Act protect you in all Marijuana scenarios?The Conflict The central issue in this interlocutory appeal is whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., prevents a...
The “Automobile Exception” in Michigan law
The "automobile exception" in Michigan law allows police to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.This exception is grounded in the idea that vehicles are inherently mobile, meaning evidence could be...
The search being challenged was triggered by the odor of cannabis
The case People of Michigan v. Freddie Wilkins III (No. 367209) revolves around a legal challenge regarding the search of a vehicle without a warrant.Police conducted a warrantless search under the "automobile exception."The case People of Michigan v. Freddie Wilkins...
Carrying a Concealed Weapon in Michigan
Carrying a concealed weapon (CCW) in Michigan without proper authorization is a crime.Carrying a concealed weapon (CCW) in Michigan without proper authorization can lead to serious criminal charges. Michigan law has strict regulations regarding firearms, and violating...
MI Supreme Court Declines to Intervene in Public Records Dispute
Michigan Supreme Court Declines to Intervene in Public Records DisputeTeachers Union and School District at Odds Over Data AccessThe Michigan Supreme Court recently declined to hear a case regarding whether public school teachers' class materials are subject to the...
Felony Firearm Possession in Michigan
Felony Firearm Possession in Michigan.In Michigan, the laws surrounding firearms are strict, especially when it comes to felony firearm possession. If you’re charged with a felony and found to be in possession of a firearm during the crime, the penalties can be...