GENERAL PROVISIONS
interpreted in the sense most obvious
to the common understanding."19
"There are several classes of civil
officers — town or city offices, county
offices, officers of the district and state
officers. In a sense, all of these officers
may be deemed to be officers of the
Commonwealth. But in our opinion
this provision was not intended to in-
clude all civil officers of every grade
within the commonwealth . . . that
county commissioners are not subject
to impeachment as officers of the
Commonwealth since the office of
county commissioner is created by
statute, and the legislature can by
statute determine in what manner an
incumbent may be removed from
office."20
"The primary purpose of the consti-
tutional provision relating to impeach-
ment was to provide a method of
removing persons whose 'misconduct
and maladministration in their offices'
had demonstrated their unfitness to
continue in office. The two words
convey distinct ideas to the mind
though the same conduct may often
fall within both words. They do not
describe two elements of a single
wrongdoing. Conduct of either de-
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scription is a ground for impeachment,
but it must occur in the office of the
officer to be impeached. Yet there is
clear recognition of the fact that 'mis-
conduct' that does not amount to
'maladministration' may be a ground
for impeachment. The word 'miscon-
duct' cannot be disregarded as
surplusage."21
"The object of prosecution of im-
peachment is to reach high and potent
offenders such as might be presumed
to escape punishment in the ordinary
tribunals, either from their own ex-
traordinary influences, or from the
imperfect organization and powers of
those tribunals. . . .
"The ultimate aim of impeachment
proceedings is the removal from office
of the person accused, and such per-
son, whether convicted or acquitted,
is nevertheless liable to criminal prose-
cution according to law. . . ."22
"Constitutional provision providing
for impeachment of certain public
officials and their removal from office
do not constitute, either directly or
by implication, an exclusive remedy
having the effect of prohibiting the
Legislature from devising supplemen-
tal method of removal."23
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IMPEACHMENT PROVISION IN THE MODEL STATE CONSTITUTION
The legislature may impeach the
governor, the heads of principal de-
partments, judicial officers and such
other officers of the state as may be
made subject to impeachment by law,
by a two-thirds vote of all the mem-
bers, and shall provide by law proce-
dures for the trial and removal from
19 Opinion of the Justices, 308 Mass. 601,
33 N.E. 2d 275 (1941).
20 Id. at 277-78.
21 Id. at 279.
22 State ex rel. DeConcinci v. Sullivan, 66
Ariz. 348, 188 P. 2d 592 (1948).
23 Id. at 593.
332
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office, after conviction, of officers so
impeached. No officer shall be con-
victed on impeachment by a vote of
less than two-thirds of the members
of the tribunal hearing the charges.24
This provision allows the legislature
to provide the tribunal and its proce-
dures for impeachment proceedings. A
court or a commission could be desig-
nated, rather than one or both bodies of
the legislature.
24 national municipal league, model
state constitution § 4.18 (6th ed. 1963).
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