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The PARCA Version of the Alabama Constitution of 1901

Compiled by PARCA staff, with amendments related to the appropriate Sections.

Current as of Amendment 706.

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ARTICLE VII.

IMPEACHMENTS.

Sec. 173. Governor, lieutenant governor, attorney-general, state auditor, secretary of state, state treasurer, commissioner of agriculture and industries. The governor, lieutenant-governor, attorney-general, state auditor, secretary of state, state treasurer, [and] commissioner of agriculture and industries may be removed from office for willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties, or for any offense involving moral turpitude while in office, or committed under color thereof or connected therewith, by the senate sitting as a court of impeachment, under oath or affirmation, on articles or charges preferred by the house of representatives. When the governor or lieutenant-governor is impeached, the chief justice, or if he be absent or disqualified, then one of the associate justices of the supreme court, to be selected by it, shall preside over the senate when sitting as a court of impeachment. If at any time when the legislature is not in session, a majority of all the members elected to the house of representatives shall certify in writing to the secretary of state their desire to meet to consider the impeachment of the governor, lieutenant-governor, or other officer administering the office of governor, it shall be the duty of the secretary of state immediately to notify the speaker of the house, who shall, within ten days after receipt of such notice, summon the members of the house, by publication in some newspaper published at the capitol, to assemble at the capitol on a day to be fixed by the speaker, not later than fifteen days after the receipt of the notice to him from the secretary of state, to consider the impeachment of the governor, lieutenant-governor, or other officer administering the office of governor. If the house of representatives prefer articles of impeachment, the speaker of the house shall forthwith notify the lieutenant-governor, unless he be the officer impeached, in which event he shall notify the secretary of state, who shall summon, in the manner herein above provided for, the members of the senate to assemble at the capitol on a day to be named in said summons, not later than ten days after receipt of the notice from the speaker of the house, for the purpose of organizing as a court of impeachment. The senate, when thus organized, shall hear and try such articles of impeachment against the governor, lieutenant-governor, or other officer administering the office of governor, as may be preferred by the house of representatives. [As amended by Amendment Nos. 284, 317, and 328; see also Article VI, Section 6.18, added by Amendment No. 580, which makes this section applicable to Justices of the Supreme Court and Judges of the Courts of Appeals in some circumstances]

Sec. 174. Solicitors and sheriffs. Solicitors and sheriffs, may be removed from office for any of the causes specified in the preceding section or elsewhere in this Constitution, by the supreme court, under such regulations as may be prescribed by law. The legislature may provide for the impeachment or removal of other officers than those named in this article. [As amended by Amendment Nos. 317 and 328]

Sec. 175. Clerks of circuit courts, courts of like jurisdiction and criminal courts, tax collectors, tax assessors, coroners, constables and county and municipal officers. The clerks of the circuit courts, or courts of like jurisdiction, and of criminal courts, tax collectors, tax assessors, county treasurers, county superintendents of education, coroners, constables, and all other county officers, mayors, intendants, and all other officers of incorporated cities and towns in this state, may be removed from office for any of the causes specified in section 173 of this Constitution, by the circuit or other courts of like jurisdiction or a criminal court of the county in which such officers hold their office, under such regulations as may be prescribed by law; provided, that the right of trial by jury and appeal in such cases shall be secured. [As amended by Amendment Nos. 323 and 328]

Walker County; Appointing Authority.   In Walker County, the appointing authority of any municipal or county board, commission, or authority may remove for cause any member of the board, commission, public authority, or utility appointed by the appointing authority after a hearing before the appointing authority by a two-thirds vote. [Amendment 656]

Sec. 176. Limitation on impeachment penalties; accused person liable to indictment and punishment. The penalties in cases arising under the three preceding sections shall not extend beyond removal from office, and disqualifications from holding office, under the authority of this state, for the term for which the officer was elected or appointed; but the accused shall be liable to indictment and punishment as prescribed by law.