Code of Alabama - Title 36: Public Officers and Employees - Chapter 11 - Impeachment

• Section 36-11-1 Persons subject to impeachment and removal from office; grounds for impeachment generally
  (a) The following officers may be impeached and removed from office: judges of circuit and probate courts, district attorneys, judges of the courts of appeals,...
• Section 36-11-2 Disqualification from holding office a ground for impeachment
  Any of the officers named in subsection (a) of Section 36-11-1 who shall be disqualified by law from holding office in this state may be...
• Section 36-11-3 Investigations of alleged misconduct or incompetency of public officers by grand juries; disposition of grand jury reports
  It shall be the duty of every grand jury to investigate and make diligent inquiry concerning any alleged misconduct or incompetency of any public officer...
• Section 36-11-4 Duty of Attorney General and district attorneys to institute and prosecute impeachment proceedings
  It shall be the duty of the Attorney General to institute proceedings under this chapter and prosecute the same against any officer included in Section...
• Section 36-11-5 Manner of institution of impeachment proceedings generally; proceedings in name of state
  Proceedings under Sections 174 and 175 of Article 7 of the constitution shall be instituted in the name of the State of Alabama in the...
• Section 36-11-6 Institution of impeachment proceedings by five resident taxpayers
  Any five resident taxpayers of the division, circuit, district, county, city or town for which the officer sought to be impeached was elected or appointed...
• Section 36-11-7 Contents and execution of information generally
  Such information shall be addressed to the court before which the trial is to be had and shall specify, with reasonable certainty, the offense, offenses...
• Section 36-11-8 Verification of information when filed by taxpayers; costs generally
  When the proceedings in impeachment are instituted by taxpayers, the information must be verified by the plaintiffs or any one of them. The costs shall...
• Section 36-11-9 Proceedings in Supreme Court - Issuance and service of order to appear and answer information, summons and copy of information; setting of trial date, granting of continuances, etc
  If such information shall be filed under Section 174 of Article 7 of the constitution, the Supreme Court, in term time, or a justice thereof,...
• Section 36-11-10 Proceedings in Supreme Court - Summoning and examination of witnesses generally; appointment and duties of examiners; conduct of trial
  In all original proceedings commenced under this chapter in the Supreme Court, either party shall have compulsory process to compel the attendance of witnesses, to...
• Section 36-11-11 Proceedings in Supreme Court - Powers of examiners as to witnesses
  The examiner or examiners so appointed shall have power to issue subpoenas for witnesses, which shall be served by the sheriff of the proper county...
• Section 36-11-12 Proceedings in Supreme Court - Rights of parties as to proceedings before examiners
  Either party shall have the right to appear before the examiner by himself and counsel and, to this end, shall have five days' notice of...
• Section 36-11-13 Proceedings in circuit court - Issuance and service of order to appear and answer information, summons and copy of information; setting of trial date and granting of continuances generally
  If such information is filed in the circuit court, the judge of such court shall make an order requiring the officer proceeded against to appear...
• Section 36-11-14 Proceedings in circuit court - When case stands for trial; conduct of trial generally; right to jury trial
  When the information is filed in the circuit court, if the summons is served 20 days before the day specified in the order, such case...
• Section 36-11-15 Appeals to Supreme Court from judgment of circuit court - Authorization and procedure generally
  From any final judgment or decision entered by any circuit court in proceedings under this chapter, an appeal shall lie to the Supreme Court in...
• Section 36-11-16 Appeals to Supreme Court from judgment of circuit court - Requirement of security for costs; effect of appeal as to judgment of conviction
  If the appeal is taken by the state in cases instituted in its name by the Attorney General or a district attorney, no security for...
• Section 36-11-17 Duties, liabilities and fees of sheriffs, etc., for service of process, etc.; compensation of examiners; payment of fees, costs, etc
  The sheriff, coroner or constable to whom process is issued under the provisions of this chapter shall perform all the duties as sheriffs are required...
• Section 36-11-18 Execution of process, etc., where sheriff or clerk of court subject to impeachment proceedings
  In all cases in which the sheriff is the party accused, all process relating to the case shall be executed by the coroner of the...
• Section 36-11-19 Drawing of jury where member of county commission, etc., subject to impeachment proceedings
  Whenever any information for the impeachment of any member of a county commission, jury commission or other board charged by law with the duty of...
• Section 36-11-20 Amendments allowed in trial of case; matters as to which evidence may be introduced
  In all cases instituted under the provisions of this chapter, any and all amendments necessary to a trial of the case upon its merits shall...
• Section 36-11-21 Fees and compensation of witnesses generally; statement to be filed by examiner as to fees and compensation to which witnesses entitled; payment of fees and compensation of state witnesses before Supreme Court when proceedings instituted on information of Attorney General
  Witnesses in impeachment cases are entitled to the same fees and compensation as witnesses in civil cases in the circuit court, to be certified in...
• Section 36-11-22 Preparation of final record of impeachment proceedings
  The clerk or, if he is the accused, the person acting as clerk of the court in which the trial is held shall make and...
• Section 36-11-23 Certification of vacancy in office upon final judgment of conviction
  It shall be the duty of the Clerk of the Supreme Court in all cases when final judgment of conviction is entered in that court,...
• Section 36-11-24 Proceedings under chapter not to be barred by statutes of limitations; effect of judgment under chapter generally; indictment, etc., of accused
  No statute of limitation shall be valid as a bar to any of the proceedings provided for by this chapter. The penalties in cases arising...
• Section 36-11-25 Proceedings where defendant has removed, absconded, or secreted himself
  If, in any case of proceedings for impeachment or removal from office under this chapter, the defendant has removed, absconded or secreted himself so that...

Last modified: May 3, 2021