Article 7, Nevada Constitution

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Article 7 of the Nevada Constitution is entitled Impeachment and Removal from Office and consists of five sections.

Section 1

Text of Section 1:

Impeachment: Trial; Conviction

The Assembly shall have the sole power of impeaching. The concurrence of a majority of all the members elected, shall be necessary to an impeachment. All impeachments shall be tried by the Senate, and when sitting for that purpose, the Senators shall be upon Oath or Affirmation, to do justice according to Law and Evidence. The Chief Justice of the Supreme court, shall preside over the Senate while sitting to try the Governor or Lieutenant Governor upon impeachment. No person shall be convicted without the concurrence of two thirds of the Senators elected.

Section 2

Text of Section 2:

Officers Subject to Impeachment

The Governor and other state and judicial officers, except justices of the peace shall be liable to impeachment for misdemeanor or malfeasance in office; but judgment in such case shall not extend further than removal from office and disqualification to hold any office of honor, profit, or trust under this State. The party whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment according to law.

Section 3

Text of Section 3:

Removal of Supreme Court Justice or District Judge

[Effective through November 22, 2010, and after that date unless the proposed amendment is agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election.] For any reasonable cause to be entered on the journals of each House, which may, or may not be sufficient grounds for impeachment, the Chief Justice and associate justices of the Supreme Court and judges of the district courts shall be removed from office on the vote of two thirds of the members elected to each branch of the Legislature, and the justice or judge complained of, shall be served with a copy of the complaint against him, and shall have an opportunity of being heard in person or by counsel in his defense, provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal.

Section 3

Text of Section 3:

Removal of Justices of Supreme Court, Judges of Court of Appeals and Judges of District Courts

[Effective November 23, 2010, if the proposed amendment is agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election.] For any reasonable cause to be entered on the journals of each House, which may or may not be sufficient grounds for impeachment, the justices of the Supreme Court, the judges of the court of appeals, if established by the Legislature, and the judges of the district courts must be removed from office on the vote of two thirds of the members elected to each branch of the Legislature. The justice or judge complained of must be served with a copy of the complaint against him and have an opportunity of being heard in person or by counsel in his defense. No member of either branch of the Legislature is eligible to fill the vacancy occasioned by such removal.

(Proposed amendment passed by the 2007 Legislature; effective November 23, 2010, if agreed to and passed by the 2009 Legislature and approved and ratified by the voters at the 2010 General Election. See Statutes of Nevada 2007, p. 3560.)

Section 4

Text of Section 4:

Removal of Other Civil Officers

Provision shall be made by law for the removal from Office of any Civil Officer other than those in this Article previously specified, for Malfeasance, or Nonfeasance in the Performance of his duties.

External links

Nevada Constitution

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