DRAFT CSC, Title 3. The Legislature
 
CHAPTER 5
Impeachment Procedures

1051.  Short title.
1052.  Purposes.
1053.  Definitions.
1054.  Adoption of Rules by the Legislature.
1055.  Sessions and quorum of the Court of Impeachment.
1056.  Action of the House on articles of impeachment.
1057.  Cooperation of State officials and employees.
1058.  Effect of adoption of articles of impeachment.
1059.  Enforcement of orders of Court of Impeachment.
1060.  Severability.

      1051.  Short title.
     This Act Chapter shall be known and may be cited as the Impeachment Procedures Act of 1994.

Source:  CSL 2-94-28, 1.

Editor's note:  CSL 2-94-28 that created this Chapter was signed into law by the Governor on February 23, 1995.

Cross-reference:  The constitutional provisions on the Legislature are found in Art. V of the Chuuk State Constitution.  Art. V, Section 19 of the Constitution is on impeachment and reads as follows:

     Section 19.
 
          (a)     The Governor, Lieutenant Governor, or a Justice of the Supreme Court shall be removed from office upon conviction of impeachment for not carrying out the duties and responsibilities of the office as mandated by this Constitution or by law, or for misfeasance or malfeasance in office.
          (b)     The House of Representatives has the sole power of impeachment.  A resolution of impeachment requires a 2/3 vote of all of the members of the House of Representatives.
          (c)     The Senate has the sole power to try the impeachment.  A conviction of impeachment requires a 2/3 vote of all of the members of the Senate.  When the Governor has been impeached, the Chief Justice shall preside at the trial.
          (d)     Judgments in case of impeachment shall not extend beyond removal from office and disqualification to hold any office of trust, honor, or profit in the government.  A person so convicted may nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law.
          (e)     No officer may exercise the powers and duties of his office upon the adoption of a resolution of impeachment and until acquitted.

Case annotations:  Although the Chuuk Constitution does subject members of the judiciary to removal from office by impeachment, the court need not decide if this is the sole method a judge may be removed from office because the issuance of a writ of mandamus is not a removal action.  All the court did by issuing the writ is to require the judge to follow the applicable law and remove himself from office by resignation when he became a political candidate.  In re Failure of Justice to Resign, 7 FSM Intrm. 105, 110 (Chk. S. Ct. App. 1995).

The governor does not have free reign to use the Attorney General's Office to litigate private matters outside the scope of his duties as governor, but until such time as he ceases to be able to act as governor pursuant to a bill of impeachment or other constitutional process he may utilize that office's services to litigate such matters as concern his acts as governor.  In re Legislative Subpoena, 7 FSM Intrm. 259, 261 (Chk. S. Ct. Tr. 1995).

The Chuuk House of Representatives possesses the sole authority and power to pass a Bill of Impeachment seeking to remove those state officials responsible for misfeasance or malfeasance.  In re Legislative Subpoena, 7 FSM Intrm. 259, 266 (Chk. S. Ct. Tr. 1995).

The House of Representatives has no criminal prosecution function.  It is limited to passing laws and under the proper circumstance bringing bills of impeachment, which are not criminal in nature.  In re Legislative Subpoena, 7 FSM Intrm. 259, 264 (Chk. S. Ct. Tr. 1995).

      1052.  Purposes.
     The Legislature has the responsibility of impeachment under Article V, Section 19 of the Chuuk State Constitution.  It finds that to prepare to carry out its responsibilities under that constitutional provision, there is a need to establish certain rules governing the adoption of articles of impeachment, conduct of a trial of impeachment, and other aspects of impeachment affecting the State, its officials and employees, and the respondent in a case of impeachment.

Source:  CSL 2-94-28, 2.

      1053.  Definitions.
     In this Act Chapter, the following words shall have the meanings indicated:

     (a) (1)  "Court of Impeachment" means all of the Senators of the Chuuk State Senate when convened to act upon Articles of Impeachment.

     (b) (2)  "Respondent" means the person against whom articles of impeachment have been brought.

     (c) (3)  In this Act Chapter the use of the masculine shall be construed to include the feminine.

Source:  CSL 2-94-28, 3, modified.

      1054.  Adoption of Rules by the Legislature.
     The Chuuk State Senate may adopt rules of procedure for the conduct of the trial of a case of impeachment, including rules of evidence, and the House of Representatives may adopt rules for the adoption of articles of impeachment.  Such rules may provide that they shall remain in full force and effect until amended or repealed by the Senate or House of Representatives adopting them, or by a later Senate or House of Representatives; and in that event, such rules shall remain effective until their subsequent amendment or repeal.

Source:  CSL 2-94-28, 4.

      1055.  Session and quorum of the Court of Impeachment.
     The Court of Impeachment, acting in its Constitutional role as sole trier of cases of impeachment, may convene whether or not the Senate is then in session.  A quorum of the Court shall be 2/3 of its members.

Source:  CSL 2-94-28, 5.

      1056.  Action of the House on articles of impeachment.

     (a) (1)  When a resolution of Articles of Impeachment is introduced in the House of Representatives, a special committee shall immediately be created for the sole purpose of investigation and considering consideration of the resolution, with the same powers as any standing committee of the Legislature.  The Committee shall consider the resolution forthwith.

     (b) (2)  When the special committee makes a report to the House on the Articles of Impeachment, the House shall consider the committee's report forthwith.  If the committee's report recommends that one or more of the articles of impeachment be adopted by the House, and the House adopts the committee report, all other business before the House of Representatives shall cease until the articles of impeachment have been voted upon by the House, or referred back to committee.

Source:  CSL 2-94-28, 6, modified.

      1057.  Cooperation of State officials and employees.
     In the event of the trial of a case of impeachment, all State officials and employees, other than the respondent in such case, shall cooperate with the investigation, gathering of evidence, and conduct of the trial to the greatest extent reasonably possible, including but not limited to the location of documents, assistance to investigators and counsel for the parties, and testimony in discovery and at the trial.  Failure to cooperate as herein required shall in itself be grounds for impeachment or immediate termination as of an employee, subject to the following:

     (a) (1)  Failure to cooperate as herein required shall be grounds for immediate termination of any employee of Chuuk State who is exempt under Section 8 of the Chuuk State Public Service System Act, TSL 3-43, as amended, and his contract of employment shall, to the extent permissible under law, be construed to provide for such termination.

     (b) (2)  Failure to cooperate as herein required by any employee subject to the Public Service System Act shall constitute a cause for dismissal under subsection 24(2) of that Act, as amended; provided however, that such dismissal shall be effective immediately upon transmittal to the employee of the written notice required by subsection 24(2).  The employee shall retain the right to appeal following his dismissal, as provided in subsection 24(3) of TSL No. 3-43.

The provisions of this section are in addition to the provisions under Section 207 of this act Chapter, and an official or employee impeached or terminated under this Section is also subject to Section 207.

Source:  CSL 2-94-28, 7, modified.

      1058.  Effect of adoption of articles of impeachment.
     Upon the adoption of an article or articles of impeachment by the House of Representatives, the following shall immediately take effect:

     (a) (1)  No respondent may exercise the powers and duties of his office, including but not limited to issuing orders, directives, or the like, either directly or indirectly, attending official government meetings or conferences, meeting with subordinates or other State employees, and involving himself in any government function, until after acquittal by the Senate.

     (b) (2)  The respondent shall continue to receive his salary and housing or housing allowance, if any, until judgment of conviction in an impeachment trial is entered.

     (c) (3)  The respondent shall not use any government vehicle for any purpose until after acquittal by the Senate.

     (d) (4)  The State shall not pay any attorneys fees or other expenses of defense for the respondent in an impeachment trial, or for preparation for an impeachment trial.

     (e) (5)  The respondent shall have adequate access to all State records, officials and employees, other than the Presiding Officer, Members and personnel of the Court of Impeachment, counsel for the parties of an impeachment trial, or representatives of the House of Representatives at an impeachment trial, for purposes of preparing his defense.

Source:  CSL 2-94-28, 8, modified.

Cross-reference:  The constitutional provisions on the Legislature are found in Art. V of the Chuuk State Constitution.  Art. V, Section 19 of the Constitution is on impeachment and reads as follows:

     Section 19.
          (a)     The Governor, Lieutenant Governor, or a Justice of the Supreme Court shall be removed from office upon conviction of impeachment for not carrying out the duties and responsibilities of the office as mandated by this Constitution or by law, or for misfeasance or malfeasance in office.
          (b)     The House of Representatives has the sole power of impeachment.  A resolution of impeachment requires a 2/3 vote of all of the members of the House of Representatives.
          (c)     The Senate has the sole power to try the impeachment.  A conviction of impeachment requires a 2/3 vote of all of the members of the Senate.  When the Governor has been impeached, the Chief Justice shall preside at the trial.
          (d)     Judgments in case of impeachment shall not extend beyond removal from office and disqualification to hold any office of trust, honor, or profit in the government.  A person so convicted may nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law.
          (e)     No officer may exercise the powers and duties of his office upon the adoption of a resolution of impeachment and until acquitted.

Case annotations:  Although the Chuuk Constitution does subject members of the judiciary to removal from office by impeachment, the court need not decide if this is the sole method a judge may be removed from office because the issuance of a writ of mandamus is not a removal action.  All the court did by issuing the writ is to require the judge to follow the applicable law and remove himself from office by resignation when he became a political candidate.  In re Failure of Justice to Resign, 7 FSM Intrm. 105, 110 (Chk. S. Ct. App. 1995).

The governor does not have free reign to use the Attorney General's Office to litigate private matters outside the scope of his duties as governor, but until such time as he ceases to be able to act as governor pursuant to a bill of impeachment or other constitutional process he may utilize that office's services to litigate such matters as concern his acts as governor.  In re Legislative Subpoena, 7 FSM Intrm. 259, 261 (Chk. S. Ct. Tr. 1995).

The Chuuk House of Representatives possesses the sole authority and power to pass a Bill of Impeachment seeking to remove those state officials responsible for misfeasance or malfeasance.  In re Legislative Subpoena, 7 FSM Intrm. 259, 266 (Chk. S. Ct. Tr. 1995).

The House of Representatives has no criminal prosecution function.  It is limited to passing laws and under the proper circumstance bringing bills of impeachment, which are not criminal in nature.  In re Legislative Subpoena, 7 FSM Intrm. 259, 264 (Chk. S. Ct. Tr. 1995).

      1059.  Enforcement of orders of a Court of Impeachment.

     (a) (1)  Filing of Action.  In the case of an impeachment trial, the Court of Impeachment shall have the authority to file, or to have filed on its behalf, an action in the Chuuk State Supreme Court to seek enforcement of its orders, a restraining order, or sanctions for contempt of its authority, or to prosecute persons who have violated this act Chapter.

     (b) (2)  Contempt.  A person shall be in contempt of the Court of Impeachment if he:

     (1) (a)  fails or refuses to appear in compliance with a subpoena or, having appeared, fails or refuses to testify under oath or affirmation;

     (2) (b)  fails or refuses to answer any relevant question or fails or refuses to furnish any relevant book, paper or other subpoenaed document;

     (3) (c)  exhibits disrespect for the Court of Impeachment by unlawfully, knowingly, and willfully interfering directly with the operation and function of the Court of Impeachment by open defiance of an order of the Court of Impeachment; by disturbing the peace in or near activities related to preparation for or conduct of an impeachment trial, with the intent of disrupting the preparation for or conduct of an impeachment trial; by interfering with an officer of the Court of Impeachment in the lawful performance of his official duties; or by unlawfully detaining, threatening, or attempting to influence any witness of the Court of Impeachment because of that person's duty as a witness.

     (4) (d)  attempts to influence or interfere with the adoption of articles of impeachment, the operation of a court of impeachment, or in any other way with the impeachment process, either directly or indirectly, by threatening, intimidating or attempting to intimidate, or physically injuring or attempting to injure any person associated with the impeachment process.  In this Section, "person associated with the impeachment process" means any member or employee of the Chuuk State Legislature while the House of Representatives is considering the adoption of articles of impeachment or the Senate is acting as a Court of Impeachment; any of the parties to an impeachment trial, any legal counsel or investigators involved in or in any way associated with an impeachment investigation or trial; any employee or official of a court of impeachment; or any witness or potential witness in an investigation by the House of Representatives concerning proposed articles of impeachment, or an impeachment trial.

     (c) (3)  Penalties.  A person held in contempt under subsections (1) through (3) of this Section shall upon conviction be fined not less than $100 and not more than $10,000, imprisoned not less than one month and not more than one year, or both.  A person held in contempt under subsection (4) (d) of this Section shall be fined not less than $10,000 and not more than $100,000, or imprisoned not less than one year and not more than five years, or both.

     (d) (4)  Restraining Order.  The Chuuk State Supreme Court shall have the authority to issue a restraining order, upon application of the Court of Impeachment, against any person who engages in or is about to engage in any of the activities described in subsections (b)(3) or (4) (2)(c) or (d) of this Section, and full power to punish any such person for contempt of such an order, pursuant to law.

Source:  CSL 2-94-28, 9, modified.

      1060.  Severability.
     If any provision of this Act Chapter or the application thereof to any person or circumstance is held invalid, this invalidity does not affect other provisions or applications of the Act Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Act Chapter are severable.

Source:  CSL 2-94-28, 11, modified.