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.

A visit with a kick

POW - Right in the Kisser. Businesses watch out for the lawA Pennsylvania-based convenience store chain was hit with a lawsuit by the Biden administration at the same time the president stopped by one of their locations on the campaign trail. Sheetz is being accused...

Woman tried to board flight with 56 pounds of marijuana

Woman allowed airport police to check her luggage, had name tag on bags, according to reportsBefore a 21-year-old Memphis woman could board an United Airlines flight, Memphis International Airport Police found 56 pounds of marijuana in her luggage, according to...

You’re too stupid to store a gun properly

The Biden administration once again defends a ban in federal court, arguing that people who use marijuana should be prohibited from purchasing or possessing firearms. They claim that this restriction is supported by historical precedent and that individuals who...

Illegal Firearms in Michigan

Illegal Gun Ownership in Michigan: Insights and StatisticsThe issue of illegal gun ownership in Michigan is a complex one, influenced by various factors ranging from criminal activity to loopholes in regulatory measures. Understanding who owns illegal guns is crucial...

Restoring Second Amendment Rights in Michigan

Restoring Your Gun RightsAs of 4/17/24...There is still a second amendment The Second Amendment of the United States Constitution grants citizens the right to bear arms, a fundamental aspect of American freedoms. However, in some cases, just like every other right...

Oregon governor signs a bill recriminalizing drug possession

Oregon governor signs a bill recriminalizing drug possession into lawOn April 1, 2024, Oregon Governor Tina Kotek signed House Bill 4002 into law, effectively recriminalizing the possession of small amounts of certain controlled substances. This legislation marks a...

John Sinclair, the inspiration for Ann Arbor’s Hash Bash, dead at 82

John Sinclair, the poet whose imprisonment for marijuana inspired the start of Ann Arbor’s long-running annual Hash Bash in the 1970s, has died. He was 82.Sinclair's passing occurred on Tuesday, April 2, 2024, at a Detroit hospital, merely four days prior to his...

Disciplining Student’s Speech Violates First Amendment

You go girl!!!A public high school was found to have violated the First Amendment when it suspended a student from her cheerleading team for using profane speech off campus. Mahanoy Area Sch Dist v BL, No 20-255, ___ US ___ (June 23, 2021). The U.S. Supreme Court has...

Marijuana reform advocates demand apology from Kamala Harris

So SorryMarijuana reform advocates demand an apology from Kamala Harris for locking up pot smokers and slam her 'political hypocrisy' for now saying no one should 'go to jail for smoking weed!'Marijuana reform advocates are urging Vice President Kamala Harris to issue...

Federal Agency Smack Down on a Michigan Credit Union’s Cannabis Banking

Apple to ApplesAn independent federal agency has recently cited a Michigan credit union for non-compliance with regulations regarding banking services for the marijuana industry. Consequently, the financial institution has been directed to halt the opening of new...