Impeachment in New Hampshire
Encyclopedia
Impeachment
in New Hampshire
is an expressed Constitutional power of the House of Representatives to bring formal charges against a state officer for "bribery
, corruption
, malpractice
or maladministration, in office." Upon the impeachment of a state officer, the Senate acts as "a court, with full power and authority to hear, try, and determine, all impeachments made by the house of representatives." Upon conviction, the Senate can impose a punishment that "does not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, under this state."
Unlike at the Federal
level where an impeachment conviction requires 2/3 of the United States Senators present to vote in the affirmative, the New Hampshire Constitution
does not mention the burden of proof needed to impeach or convict an official, thus each house is left to decide the standard it will use.
was impeached for neglecting his duties, but resigned after the trial was delayed. In 2000, Chief Justice David A. Brock was impeached by the House on four counts of maladministration or malpractice, and knowingly lying under oath. Brock was later acquitted by the Senate on a vote of seven to convict and fifteen for acquittal, with two-thirds of the twenty-four members needed for conviction.
.
Part II. Article 17. [House to Impeach Before the Senate.] states:
Part II. Article 38. [Senate to Try Impeachments; Mode of Proceeding.] states in part:
The House may conduct its investigation in any manner it chooses. At the conclusion of its investigation the House votes on the "articles of impeachment
" specifying the grounds on which the official's impeachment is based. The House determines the level of evidence required to impeach and the number of votes necessary to pass the "articles of impeachment." Upon the passage of the articles of impeachment the Senate then acts as a court
to conduct an impeachment trial.
The article also requires that every officer impeached "shall be served with an attested copy of the impeachment, and order of the senate thereon with such citation
as the senate may direct, setting forth the time and place of their sitting to try the impeachment." This service is required to be made by "the sheriff
, or such other sworn officer as the senate may appoint, at least fourteen days previous to the time of trial." After the "citation being duly served and returned" the Senate then senate may proceed in the hearing of the impeachment."
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
in New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
is an expressed Constitutional power of the House of Representatives to bring formal charges against a state officer for "bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
, malpractice
Malpractice
In law, malpractice is a type of negligence in, which the professional under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers harm...
or maladministration, in office." Upon the impeachment of a state officer, the Senate acts as "a court, with full power and authority to hear, try, and determine, all impeachments made by the house of representatives." Upon conviction, the Senate can impose a punishment that "does not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, under this state."
Unlike at the Federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
level where an impeachment conviction requires 2/3 of the United States Senators present to vote in the affirmative, the New Hampshire Constitution
New Hampshire Constitution
The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776....
does not mention the burden of proof needed to impeach or convict an official, thus each house is left to decide the standard it will use.
History
In the history of the state, only two officials have been impeached, both judges. In 1790, Justice Woodbury LangdonWoodbury Langdon
Woodbury Langdon was a merchant, statesman and justice from Portsmouth, New Hampshire. He was the brother of John Langdon, a senator from New Hampshire.-Biography:...
was impeached for neglecting his duties, but resigned after the trial was delayed. In 2000, Chief Justice David A. Brock was impeached by the House on four counts of maladministration or malpractice, and knowingly lying under oath. Brock was later acquitted by the Senate on a vote of seven to convict and fifteen for acquittal, with two-thirds of the twenty-four members needed for conviction.
House of Representatives
The House of Representatives has the sole authority to investigate and then determine whether or not to impeach a state official. The grounds for impeachment are found in Part II, Articles 17 and 38 of the New Hampshire ConstitutionNew Hampshire Constitution
The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776....
.
Part II. Article 17. [House to Impeach Before the Senate.] states:
- The house of representatives shall be the grand inquest of the state; and all impeachments made by them, shall be heard and tried by the senate.
Part II. Article 38. [Senate to Try Impeachments; Mode of Proceeding.] states in part:
- The senate shall be a court, with full power and authority to hear, try, and determine, all impeachments made by the house of representatives against any officer or officers of the state, for bribery, corruption, malpractice or maladministration, in office; ...
The House may conduct its investigation in any manner it chooses. At the conclusion of its investigation the House votes on the "articles of impeachment
Articles of impeachment
The articles of impeachment are the set of charges drafted against a public official to initiate the impeachment process. The articles of impeachment do not result in the removal of the official, but instead require the enacting body to take further action, such as bringing the articles to a vote...
" specifying the grounds on which the official's impeachment is based. The House determines the level of evidence required to impeach and the number of votes necessary to pass the "articles of impeachment." Upon the passage of the articles of impeachment the Senate then acts as a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
to conduct an impeachment trial.
Senate
Part II. Article 38. sets out the mode for the Senate to hold an impeachment trial.Pretrial
For the purposes of judging the articles of impeachment, the Senate is a court and has the authority to "issue summons, or compulsory process, for convening witnesses before them." Prior to the impeachment trial, the members of the senate are required to be "sworn truly and impartially to try and determine the charge in question, according to evidence." The standard of the evidence required to convict nor a percentage of the members voting is stated in the Constitution nor in the Senate Rules.The article also requires that every officer impeached "shall be served with an attested copy of the impeachment, and order of the senate thereon with such citation
Citation
Broadly, a citation is a reference to a published or unpublished source . More precisely, a citation is an abbreviated alphanumeric expression Broadly, a citation is a reference to a published or unpublished source (not always the original source). More precisely, a citation is an abbreviated...
as the senate may direct, setting forth the time and place of their sitting to try the impeachment." This service is required to be made by "the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
, or such other sworn officer as the senate may appoint, at least fourteen days previous to the time of trial." After the "citation being duly served and returned" the Senate then senate may proceed in the hearing of the impeachment."