Understanding the Process and Rules of Impeachment in Michigan

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

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

Act 62 of 1872AN ACT regulating trials of impeachment and providing for the expenses thereof.History: 1872, Act 62, Imd. Eff. Mar. 30, 1872

6.1 Impeachment of civil officers; power of house, suspension; vacancies.

Sec. 1.

That the house of representatives shall have the sole power of impeaching civil officers for corrupt conduct in office, or for crimes and misdemeanors, but a majority of the members elected shall be necessary to direct an impeachment. Every officer impeached may by the governor be suspended in the exercise of his office until his acquittal, and the governor may make a provisional appointment to a vacancy occasioned by the suspension of an officer until he shall be acquitted, or until after the election and qualification of a successor.

6.2 Impeachment; trial by senate, judgment.

Sec. 2.

Every impeachment shall be tried by the senate. When the governor or lieutenant governor is tried the chief justice of the supreme court shall preside. When an impeachment is directed the senate shall take an oath or affirmation truly and impartially to try and determine the same according to the evidence. No person shall be convicted without the concurrence of 2/3 of the members elected. Judgment, in case of impeachment, shall not extend further than removal from office, but the party convicted shall be liable to punishment according to law.

6.3 Impeachment; prosecution by house.

Sec. 3.

When an impeachment is directed, the house of representatives shall elect from their own body 3 members, whose duty it shall be to prosecute such impeachment, and the house of representatives are hereby authorized to empower the said managers to prepare and present articles of impeachment in accordance with resolutions of said house.

6.5 Impeachment; appearance and answer of accused.

Sec. 5.

The senate when so organized shall forthwith cause the person impeached to appear and to answer the charge exhibited against him and upon his appearance, he shall be entitled to a copy of the articles of impeachment, and to a reasonable time to answer the same.

6.6 Impeachment; counsel for accused.

Sec. 6.

The person accused shall be allowed counsel on the trial of the impeachment.

6.7 Impeachment; trial, time, place, adjournment.

Sec. 7.

When issue shall be joined in an impeachment, the senate, sitting as a court for the trial of the same shall appoint a time and place for the trial thereof. At the time and place so appointed, the senate, as a court, shall proceed to hear, try and determine the impeachment, and may from time to time, if necessary, adjourn the trial to any other time or place at the state capital.

6.8 Impeachment; acquittal.

Sec. 8.

If 2/3 of all the members elected to the senate shall not assent to a conviction, the person impeached shall be declared acquitted.

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.

If the president of the senate shall be impeached, notice thereof shall be immediately given to the senate by the house of representatives, that another president may be chosen.

6.11 Impeachment; duties of secretary; record of proceedings, oaths.

Sec. 11.

It shall be the duty of the secretary of the senate in all cases of impeachment to keep a full and accurate record of the proceedings which shall be taken and held as a public record, and he shall have power to administer all requisite oaths or affirmations.

6.12 Impeachment; senate appointment and removal of subordinate officers.

Sec. 12.

The senate sitting as a court of impeachment shall have power from time to time to appoint such subordinate officers or clerks and reporters as may be necessary for the convenient transaction of business, and at any time to remove such officers.

6.13 Impeachment; powers of managers, rights of process.

Sec. 13.

The managers elected by the house of representatives, shall have all necessary powers for conducting the trial of impeachments before the senate, and they, and also the person impeached, shall severally be entitled to process for compelling the attendance of persons, or the production of papers and records required for the trial of the impeachment.

6.14 Impeachment; senate rules and regulations.

Sec. 14.

The senate sitting as a court of impeachment, shall have full power and authority to establish such rules and regulations as may be necessary in the trials of impeachment.

6.15 Impeachment; compensation of members of court, managers, and other officers; payment.

Sec. 15.

The presiding officer and members of the senate, while sitting as a court of impeachment, and the managers elected by the house, shall receive the sum of 5 dollars each per day, and mileage at the rate of 10 cents per mile in going from and returning to their places of residence by the ordinarily traveled routes; and the compensation of the secretary, sergeant-at-arms, and all subordinate officers, clerks, and reporters, shall be an amount as shall be established by the vote of the members of the court. The state treasurer shall, upon presentation of a certificate or certificates signed by the presiding officer and secretary of the senate pay all the expenses of the senate and managers elected by the house, which may be incurred under this act.

6.16 Application of act.

Sec. 16.

The provisions of this act shall apply to all resolutions and proceedings heretofore had, or hereafter to be had, to impeach any civil officer of this state.

Index

Index and Information Source

History: 1872, Act 62, Imd. Eff. Mar. 30, 1872

The “People” of the State of Michigan enact:

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.

Do the passengers in your vehicle have 4th Amendment Rights?

Do Passengers in your vehicle have 4th Amendment Rights against Search and Seizure?Passengers in a vehicle are afforded Fourth Amendment protections against unreasonable searches and seizures, though the scope of these rights varies based on the specific circumstances...

Probable Cause v Reasonable Suspicion

What's the difference between probable cause and reasonable suspicion?Definition of Probable Cause Probable cause refers to the belief held by a reasonable person that a crime is currently being committed, has already been committed, or is likely to be committed in...

Are there exceptions that justify warrantless searches?

Exceptions to your 4th Amendment Rights against Search and Seizure (more to come).The Fourth Amendment of the U.S. Constitution safeguards citizens by prohibiting unreasonable searches and seizures and generally mandates the necessity of a warrant for such intrusions....

Warrantless Searches in Michigan

I don't need a warrant for that...In Michigan, as in the rest of the United States, the Fourth Amendment of the fading Constitution provides individuals with protection against unreasonable searches and seizures by law enforcement. Generally, this means that police...

One of Michigan’s Top DUI Attorneys

We aggressively defend all aspects of traffic law, from simple civil infractions to more serious alcohol and drug-related offenses. Don't wait till the last second to get an attorney. That's how you lose.Why Attorney Michael Komorn is one of Michigan’s Top DUI...

Michigan DUI Laws and Consequences – Second Offense

Michigan DUI Laws and Consequences – Second Offense Operating Under the Influence (OUI) is a serious offense in Michigan. If someone is caught driving under the influence of alcohol or drugs, they can face severe penalties. When it comes to a second offense, the...

Federal Ban on Owning Firearms by Cannabis Consumers is Unconstitutional Court Says

Federal charges against a non-violent, cannabis-using gun owner were unconstitutional.A federal appeals court panel upheld a lower court's ruling on Wednesday, declaring that federal charges against a non-violent, cannabis-using gun owner were unconstitutional. “The...

AG Nessel joined 21 attorneys general to regulate the sale of firearms

Extreme Risk Protection Order to prevent individuals from possessing or owning a firearm for eight years following their conviction. That legislation was signed into law by Governor Gretchen Whitmer in November of 2023.Michigan Attorney General Dana Nessel has joined...

Michigan DUI Laws and Consequences – First Offense

First Offense DUI in Michigan: Laws and ConsequencesFacing a first offense DUI in Michigan can be daunting as the implications are significant and the legal landscape is complex. Understanding the laws surrounding Operating While Intoxicated is essential, as these...

Court Ruling – No bonus for growing weed

COURT RULING – SORRY NO BONUS FOR GROWING CANNABISA marijuana farm worker is unable to succeed in his breach-of-contract lawsuit regarding a $100,000 bonus he claims to be owed for producing a healthy harvest of 1400 pounds of dry cannabis crop as the contract is...