Title 19, CRIMINAL PROCEDURE

19-4005. Service of notice. The service must be made upon the defendant personally, or if he cannot, upon diligent inquiry, be found within the state, the senate, upon proof of that fact, may order publication to be made, in such manner as it may deem proper, of a notice requirin…

19-4006. Failure of defendant to appear. If the defendant does not appear, the senate, upon proof of service or publication, as provided in the last two (2) sections, may, of its own motion or for cause shown, assign another day for hearing the impeachment, or may proceed in the …

19-4007. Answer or demurrer. When the defendant appears he may, in writing, object to the sufficiency of the articles of impeachment, or he may answer the same by an oral plea of not guilty, which plea must be entered upon the journal, and puts in issue every material allegation …

19-4008. Overruling demurrer — Plea and trial. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must be ordered forthwith to answer the articles of impeachment. If …

19-4009. Senate to be sworn. At the time and place appointed and before the senate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath truly an…

19-4010. Vote necessary for conviction. The defendant cannot be convicted on an impeachment without the concurrence of two-thirds (2/3) of the members elected, voting by ayes and noes, and if two-thirds (2/3) of the members elected do not concur in a conviction, he must be acquit…

19-4011. Judgment of conviction. After conviction the senate must, at such time as it may appoint, pronounce judgment in the form of a resolution, entered upon the journals of the senate.

19-4012. Adoption of judgment. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.

19-4013. Extent of judgment. The judgment may be that the defendant be suspended and removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office, or class of offices, or any office in this state.

19-4014. Judgment of suspension. If judgment of suspension is given, the defendant, during the continuance thereof, is disqualified from receiving the salary, fees, or emoluments of the office.

19-4015. Suspension pending trial. Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, such officer is temporarily suspended from his office, and cannot act in his official capacity until he is acquitted. Upon such suspension o…

19-4016. Impeachment not a bar to indictment. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment, the indictment is not barred thereby.