Bill Text: OR HJR22 | 2011 | Regular Session | Introduced

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Bill Title: Proposing amendment to Oregon Constitution relating to impeachment of certain state officials.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HJR22 Detail]

Download: Oregon-2011-HJR22-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

 LC 3037

                    House Joint Resolution 22

Sponsored by Representative THATCHER (at the request of Erin
  Thurber)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Proposes amendment to Oregon Constitution to allow House of
Representatives to impeach certain elected or appointed state
officials. Specifies grounds for impeachment. Requires trial by
Senate. Specifies effect of impeachment.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by repealing section 6, Article VII (Amended), and sections 19
and 20, Article VII (Original), by amending section 8, Article
VII (Amended), and by creating a new section 5 to be added to and
made a part of Article III, such sections to read:
   { +  SECTION 5. + }  { + (1) The following officials may be
impeached by a vote of at least 31 members of the House of
Representatives:
  (a) The Governor.
  (b) The Secretary of State.
  (c) The State Treasurer.
  (d) The Commissioner of the Bureau of Labor and Industries.
  (e) The Attorney General.
  (f) The director of each department of state government
required by law to be appointed by the Governor and each
full-time salaried head of a state agency required by law to be
appointed by the Governor.
  (g) A judge of the Supreme Court, the Court of Appeals, the
Oregon Tax Court or any circuit court.
  (2) An official who is subject to this section may be impeached
for malfeasance, crime, incapacity or negligence.
  (3)(a) Any member of the House of Representatives who believes
that an official listed in subsection (1) of this section has
committed an act for which the official may be impeached may
submit a complaint to the Speaker of the House of
Representatives.  A person who is a resident of this state and
who believes that an official listed in subsection (1) of this
section has committed an act for which the official may be
impeached may submit a complaint to the Representative for the
district in which the person resides. If the Representative
believes that there is substantial evidence to support the
complaint, the Representative shall deliver the complaint to the
Speaker of the House of Representatives.
  (b) Upon receiving a complaint under paragraph (a) of this
subsection, the Speaker of the House of Representatives shall
appoint a special prosecutor, and a committee of members of the
House of Representatives, to investigate the complaint. The
committee shall consist of three members from each of the two
political parties with the greatest number of members in the
House of Representatives. If a majority of the members of the
committee believes that substantial evidence supports the
complaint, and that the complaint alleges impeachable conduct,
the committee shall direct the special prosecutor to prepare
articles of impeachment and shall submit the articles to the
House of Representatives.
  (c) If the Legislative Assembly is in session when articles of
impeachment are submitted under this subsection, the House of
Representatives shall vote on articles of impeachment before
adjourning sine die. If the Legislative Assembly is not in
session when articles of impeachment are submitted under this
subsection, the House of Representatives must vote on the
articles before adjournment sine die of the next regular or
special session of the Legislative Assembly.
  (4) Impeachment of an official subject to this section shall be
tried by the Senate. When the Senate is sitting as a court of
impeachment, the Senators shall be on oath to impartially try the
party impeached, and an official may not be convicted without the
concurrence of two-thirds of the members of the Senate.
  (5) Upon conviction in the Senate, an official subject to this
section shall be removed from office. In addition, the judgment
of conviction may specify that the convicted official be
disqualified from holding any public office in this state.
  (6) Any official impeached under this section shall be
suspended from the exercise of official duties during the
pendency of the Senate proceedings. The suspension takes effect
upon the vote of impeachment by the House of Representatives and
remains in effect until the entry of a judgment of acquittal or
conviction by the Senate.
  (7) Nothing in this section prevents the indictment, trial and
punishment of an official, in the manner provided by law, for any
offense committed by the official. + }
   { +  Sec. 8. + } (1) In the manner provided by law, and
notwithstanding section 1 of this Article, a judge of any court
may be removed or suspended from   { - his - }  judicial office
by the Supreme Court, or censured by the Supreme Court, for:
  (a) Conviction in a court of this or any other state, or of the
United States, of a crime punishable as a felony or a crime
involving moral turpitude; or
  (b) Wilful misconduct in a judicial office where such
misconduct bears a demonstrable relationship to the effective
performance of judicial duties; or
  (c) Wilful or persistent failure to perform judicial duties; or
  (d) Generally incompetent performance of judicial duties; or
  (e) Wilful violation of any rule of judicial conduct as shall
be established by the Supreme Court; or
  (f) Habitual drunkenness or illegal use of narcotic or
dangerous drugs.
  (2)   { - Notwithstanding section 6 of this Article, the - }
 { + The + } methods provided in this section, section 1a of this
Article { + , + } and
  { - in - }  section 18, Article II { + , and section 5, Article
III + } of this Constitution, are the exclusive methods of the
removal, suspension, or censure of a judge.

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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