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.

AGs – Ex DEA Leaders for Push Public Hearing On Marijuana Rescheduling

State AGs And Former DEA Leaders Push Agency To Hold Public Hearing On Marijuana Rescheduling ProposalIn a filing with the federal government ahead of a key deadline this week, a group of former Drug Enforcement Administration (DEA) leaders is asking the agency to...

I got a DUI while driving my dad’s boat – Will they take it?

I was out driving my dad's boat on the lake and I got caught drinking. Can they take the boat away from my dad who was not with me?Happy Father's Day - DadNo, in most cases, they likely won't take your dad's boat away for you getting a DUI while driving it. They Could...

Seattle settles case involving – the rights of nature

The Rights of NatureSeattle settled a lawsuit brought by the Sauk-Suiattle Tribe on behalf of salmon harmed by dams on the Skagit River. This is one of the first "rights of nature" cases in the US, and the tribe argued that the lack of fish passage measures violated...

NY judge fines unlicensed cannabis shops $15 million

It's their corner now“This punishment should serve as a clear warning for all unlicensed cannabis stores in the state: we will enforce the law and shut down your operations,” state Attorney General Letitia James saidThe owner of seven unlicensed cannabis shops in New...

When Cannabis Businesses Are No Longer Subject to IRS 280E

IRS 280E and Cannabis BusinessesWhat is IRS Section 280E? Section 280E of the Internal Revenue Code restricts businesses from deducting typical business expenses from their gross income related to the distribution of Schedule I or II substances per the Controlled...

Vehicle Forfeiture in Canada – The Process of Taking

Thank You... and have a nice day eh!Disclaimer: We are not Attorneys in Canada. This is an article of information obtained from various sources and presented here. We can only assume they are accurate. If you ever find a reason to go to Canada and need a lawyer...we...

Boating in Michigan on Alcohol and Drugs – It’s Illegal

If it's got a motor, it's a BUIWe got lakes, we got boats, we got alcohol, we got cannabis all the fun you can possibly find on a holiday weekend in the summer. Just don't combine them all or you'll be calling us or your cousin Vinny. Operating a Boat Under the...

Alcohol, Drugs, Kayaking – It could be a problem

Can I drink alcohol and smoke cannabis if I'm canoeing or kayaking or tubing or paddleboarding or just floating around?While Michigan law doesn't explicitly forbid consuming alcohol on non-motorized vessels like canoes or kayaks, it's strongly discouraged for safety...

Michigan Workers Right to Protest – Can They Force a Change in Business Strategy?

Michigan Workers and the Right to Protest: Can They Force a Change in Business Strategy?The ever-evolving economic landscape can create friction between Michigan workers and their employers. Workers may find themselves at odds with company strategies or investments,...

THC Associated with Increase of Survival Time in Palliative Cancer

Summary from the official government website (Link Below)The Use of Tetrahydrocannabinol Is Associated with an Increase in Survival Time in Palliative Cancer Patients: A Retrospective Multicenter Cohort StudyThe study, conducted by researchers in Germany, analyzed...