The Nebraska Constitution and state law outline the procedures for impeaching an elected official:
* A resolution of impeachment is introduced in the Legislature. The resolution must give reasonable notice of the acts or omissions alleged to constitute impeachable offenses.
* A majority of the members of the Legislature must concur for passage of an impeachment resolution.
* Upon adoption of the resolution, a notice is served upon the chief justice of the state Supreme Court and the state official who has been impeached.
* The chief justice then must convene the court in an “expeditious fashion” to try the impeachment case.
* The case is brought in the name of the Legislature and is managed by two senators, appointed by the Legislature, who may make technical or procedural amendments to the articles of impeachment as they deem necessary.
* The trial is conducted as a civil proceeding, and the impeached official is not allowed to invoke a privilege against self-incrimination.
* Two-thirds of the high court must concur that clear and convincing evidence exists before the official can be found guilty of one or more impeachable offenses.
* If the official is found guilty, punishment may include removal from office, disqualification from holding office or both.
Sources: Nebraska Constitutional, Article III, Section 17; state statute 24-101 to 24-109.
Who’s been impeached
Eight people have been impeached in Nebraska.
* In 1871, David Butler, the state’s first governor, was impeached for taking nearly $17,000 from the public school fund to build a house and for other offenses. He was convicted by the Nebraska Senate. After he repaid the money, the Legislature wiped his record clean. He ran for governor in 1877 and lost.
* In 1893, six past and present state officials were impeached for various offenses while they served on the Board of Public lands and Buildings, including using state inmates for labor and failing to invest school funds properly: former Auditor Thomas Benton; former Treasurer John Hill; former Attorney General William Leese; Secretary of State John Allen; Attorney General George Hastings; and Land Commissioner A.R. Humphrey. The Supreme Court dismissed charges against Benton, Hill and Leese because they had already left office. The other three were acquitted.
* In 1984, Attorney General Paul Douglas was impeached over his conduct in office and his personal dealings with a former officer of the failed Commonwealth Savings Co. of Lincoln. He was acquitted by the state Supreme Court but resigned after having his law license suspended.
Posted in Govt-and-politics on Monday, March 27, 2006 6:00 pm Updated: 2:10 pm.
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