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Delegate Boyer, the Chair would like to
ask a question in view of the last question
asked by Delegate Hanson.
Is it not true that this section is limited
to impeachment in cases of serious crimes
or serious misconduct in office?
DELEGATE BOYER: Yes, sir.
THE CHAIRMAN: Delegate Bamberger?
DELEGATE BAMBERGER: Mr. Chair-
man, would the House of Delegates have
the power to impeach elected officials who
are officials of a county or a municipality?
THE CHAIRMAN: Delegate Boyer?
DELEGATE BOYER: I must confess
that there is probably a gap here. The Gen-
eral Provisions recommendation is silent
on this point, and I think that one of our
learned delegates with whom I have dis-
cussed this matter has an amendment that
will plug up any loop hole that might exist
in this misinterpretation. I can assure you
that there will be an amendment coming
that will take care of local officials.
DELEGATE BAMBERGER: I asked
the question because of the ambiguity. On
line 6 it talks about elected officials. -It
does not confine it to either State or lesser
political subdivisions while on line 7 in
talking about other state officers — I pre-
sume by that it would mean appointed
officers other than judges — it is confined to
officers of the State. Then you get into an
interpretation of what is a state officer.
DELEGATE BOYER: I can assure you,
I think your doubts and hesitations will
probably be removed when Delegate Grant
submits his recommendation for an amend-
ment. I think this will clear the atmosphere
on that if there is any doubt at all.
THE CHAIRMAN: Are there any fur-
ther questions?
Delegate Chabot.
DELEGATE CHABOT: Delegate Boyer,
when the case is sent to the special tri-
bunal, the ten-judge tribunal, will their
function be limited to determining whether
or not the impeached official has committed
a crime of serious misconduct or will they
also have the power to determine whether
or not this act was serious enough to war-
rant removing the person from office?
DELEGATE BOYER: The impeachment
proceedings would be merely the removal
of a person from office. This would not
eliminate his criminal liability for future
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prosecution for any violation of the crim-
inal code. The mere purpose of impeach-
ment is to remove from office a person by
impeachment proceedings.
DELEGATE BOTHE: I refer to the
statement on line 7, "any other state of-
ficers who may be designated by law."
How do they get designated by law? Does
the General Assembly decide that a par-
ticular officer ought to be impeached and
then pass a law or do they at the time they
create his office say that it is impeachable
or just what kind of an officer is intended
to be included there?
DELEGATE BOYER: This is parallel
to Delegate Bamberger's question, and I
concede that there might be a misunder-
standing of who is or who is not a state
officer. The intention is to remove from
public office anybody who may be guilty
for some reason, and Delegate Grant has,
I know, an amendment that I hope will
clear up "a state officer who may be dele-
gated by law."
THE CHAIRMAN: Delegate Bothe.
DELEGATE BOTHE: I think you mis-
understand my question. It is not the same
as Delegate Bamberger's.
As I read this section it appears that
the words "designated by law" could mean
either that the General Assembly decides
by law that a particular officer ought to
be impeached or that a particular office is
subject to impeachment?
THE CHAIRMAN: Delegate Boyer.
DELEGATE BOYER: The General As-
sembly could not in personalities pick on
this official or that official. They would
have to take a catalogue group and state
this is an officer designated by law. They
could not take one county commissioner
and not another. They would have to in-
clude all commissioners.
THE CHAIRMAN: Churchill Murray.
DELEGATE E. C. MURRAY: It says
trial by ten judges. Who designates the
judges?
THE CHAIRMAN: Delegate Boyer.
DELEGATE BOYER: The Chief Judge
of the Court of Appeals. He seemed to be
the designating officer of all the lower
courts. This would be a special tribunal set
up and I cannot conceive of any other per-
son with the authority in the State to make
such designation except the Chief Judge of
the Court of Appeals.
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