West Virginia No Court Authority over Impeachment Amendment
West Virginia Ballot Measure - HJR 2 - Amendment 1
Election: Nov. 8, 2022 (General)
Outcome: Failed
Categories:
Legislative BranchJudicial Branch
Summary
The measure would amend Article IV of the West Virginia Constitution to add that no state court has jurisdiction to intervene in impeachment proceedings of the West Virginia House of Delegates or the state Senate. The amendment also prohibits any state court from reviewing any impeachment judgment made by the state Senate.
Currently, the state constitution does not state a role for the state judiciary to participate or review impeachment proceedings, apart from the chief justice of the state supreme court presiding over the proceedings.
Measure Text
ARTICLE IV.
§9. Impeachment of officials.
Any officer of the state may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor. The House of Delegates has the sole power of impeachment. The Senate has the sole power to try impeachments and no person shall be convicted without the concurrence of two thirds of the members elected thereto. When sitting as a court of impeachment, the Chief Justice of the Supreme Court of Appeals, or, if from any cause it be improper for him or her to act, then any other judge of that court, to be designated by it, shall preside; and the senators shall be on oath or affirmation, to do justice according to law and evidence. Judgment in cases of impeachment does not extend further than removal from office, and disqualification to hold any office of honor, trust or profit, under the state; but the party convicted remains liable to indictment, trial, judgment, and punishment according to law. The Senate may sit during the recess of the Legislature for the trial of impeachments. No court of this state has any authority or jurisdiction, by writ or otherwise, to intercede or intervene in, or interfere with, any impeachment proceedings of the House of Delegates or the Senate conducted hereunder; nor is any judgment rendered by the Senate following a trial of impeachment reviewable by any court of this state.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered Amendment No. 1 and designated as the Clarification of the Judiciarys Role in Impeachment Proceedings Amendment and the purpose of the proposed amendment is summarized as follows: Clarifying that courts have no authority or jurisdiction to intercede or intervene in or interfere with impeachment proceedings of the House of Delegates or the Senate; and specifying that a judgment rendered by the Senate following an impeachment trial is not reviewable by any court of this state.
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