North Carolina General Statutes Chapter 123 Impeachment

Article 1 - The Court.

  • N.C. Gen. Stat. § 123-1.   Senate is court of impeachment; quorum
    The court for the trial of impeachments shall be the Senate. A majority of the members shall be necessary to constitute a quorum. (Const.,...
  • N.C. Gen. Stat. § 123-2.   Chief Justice presides in impeachment of Governor
    When the Governor of the State, or Lieutenant Governor, upon whom the powers and duties of the office of Governor have devolved, is impeached,...
  • N.C. Gen. Stat. § 123-3.   Power of the Senate as a court
    The Senate, as a court, shall have power to compel the attendance of parties and witnesses, to enforce obedience to its orders, mandates, writs,...
  • N.C. Gen. Stat. § 123-4.   Power of presiding officer
    The presiding officer of the Senate shall have power: (1) To direct all necessary preparations in the Senate chamber. (2) To make and issue...
  • N.C. Gen. Stat. § 123-5.   Causes for impeachment
    Each member of the Council of State, each justice of the General Court of Justice, and each judge of the General Court of Justice...

Article 2 - Procedure in Impeachment.

  • N.C. Gen. Stat. § 123-6.   Articles of impeachment preferred
    All impeachments must be delivered by the House of Representatives to the presiding officer of the Senate, who shall thereupon cause proclamation to be...
  • N.C. Gen. Stat. § 123-7.   When President of Senate impeached, another officer chosen
    If the President of the Senate be impeached, notice thereof shall immediately be given to the Senate by the House of Representatives, in order...
  • N.C. Gen. Stat. § 123-8.   Notice given to the accused
    The Senate, upon the presentation of articles of impeachment and its organization as a court, shall forthwith cause the person impeached to appear and...
  • N.C. Gen. Stat. § 123-9.   Accused entitled to counsel
    The person accused is entitled on the trial of impeachment to the aid of counsel. (1868-9, c. 168, s. 8; Code, s. 2929; Rev.,...
  • N.C. Gen. Stat. § 123-10.   Time of hearing fixed
    When issue is joined in the trial of an impeachment the court shall fix a time and place for the trial thereof. (1868-9, c....
  • N.C. Gen. Stat. § 123-11.   Oath administered to members
    At the time and place appointed, and before the commencement of the trial, the presiding officer of the Senate shall administer to each member...

Article 3 - Effect of Impeachment.

  • N.C. Gen. Stat. § 123-12.   Accused suspended during trial
    Every officer impeached shall be suspended from the exercise of his office until his acquittal. (1868-9, c. 168, s. 13; Code, s. 2934; Rev.,...
  • N.C. Gen. Stat. § 123-13.   Manner of conviction; judgment; indictment
    No person shall be convicted on an impeachment without the concurrence of two thirds of the Senators present. Upon a conviction of the person...

Last modified: March 23, 2014