H.R. 10

1

HOUSE RULES RESOLUTION -
2 IMPEACHMENT PROCESS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Greg J. Curtis
6 This resolution modifies House Rules by establishing a process to address the
7 impeachment of Judge Ray M. Harding, Jr. This resolution provides grounds for
8 impeachment, outlines a process for taking evidence and evaluating that evidence,
9 provides for the appointment and responsibilities of impeachment managers, and outlines
10 the process for preparing articles of impeachment. This resolution establishes voting
11 requirements for the committee and the House of Representatives. This resolution
12 establishes requirements for notifying the Senate about House action on impeachments
13 and defines the role of House impeachment managers and special counsel in the Senate
14 trial on impeachment. This resolution takes effect immediately. This resolution provides
15 a repeal date of December 1, 2003.
16 This resolution affects legislative rules as follows:
17 ENACTS:
18 HR-37.11
19 HR-37.12
20 HR-37.13
21 HR-37.14
22 HR-37.15
23 HR-37.16
24 HR-37.17
25 HR-37.18
26 Be it resolved by the House of Representatives of the state of Utah:
27 Section 1. HR-37.11 is enacted to read:

28 HR-37.11. Grounds for Impeachment.
29 The House may impeach a state or judicial officer for high crimes, misdemeanors, or
30 malfeasance in office, which include:
31 (1) personal misconduct in the discharge of the officer's official duties;
32 (2) neglect in the discharge of the officer's official duties;
33 (3) usurpation of power in the discharge of the officer's official duties;
34 (4) habitual disregard for the public interest in the discharge of the officer's official
35 duties;
36 (5) the commission of an indictable criminal offense;
37 (6) an intentional act or omission relating to the officer's official duties involving a
38 substantial breach of trust;
39 (7) conduct amounting to a substantial breach of the trust imposed upon the official by
40 the nature of his office that is of such a character as to offend against commonly accepted
41 standards of honest and morality; or
42 (8) any other meanings of "high crimes," "misdemeanors," or "malfeasance in office"
43 that have existed historically and at common law.
44 Section 2. HR-37.12 is enacted to read:
45 HR-37.12. Beginning Impeachment Proceedings.
46 The House may begin impeachment proceedings against a state or judicial officer by
47 passing a resolution beginning an impeachment inquiry.
48 Section 3. HR-37.13 is enacted to read:
49 HR-37.13. Powers of Speaker; Reference to Committee.
50 If the impeachment resolution passes, the Speaker of the House shall:
51 (1) refer the matter to the House Judiciary Committee to begin an impeachment
52 inquiry; and
53 (2) as necessary, hire investigators, special impeachment counsel, court reporters, and
54 other necessary staff to assist the committee in its inquiry.
55 Section 4. HR-37.14 is enacted to read:
56 HR-37.14. Committee Meeting; Record; Evidence.
57 (1) The chair of the House Judiciary Committee may:
58 (a) direct its impeachment staff to conduct an investigation and collect evidence before

59 convening a meeting; or
60 (b) convene an organizational meeting to orient committee members about committee
61 requirements and procedures and to give instructions to impeachment staff.
62 (2) The chair of the House Judiciary Committee shall ensure that each meeting is
63 recorded.
64 (3) (a) When not in conflict with these rules or House Rules, the Utah Rules of
65 Evidence shall serve as a guide.
66 (b) The chair may allow admission of reasonably reliable evidence that varies from the
67 Utah Rules of Evidence whenever the interests of justice require.
68 (c) The chair's determination of admissibility is final and may only be overruled by a
69 majority vote of the committee.
70 (4) When investigating the conduct of a state or judicial officer who is subject to an
71 impeachment inquiry, the committee may receive:
72 (a) evidence given by witnesses produced and sworn before them;
73 (b) documentary evidence;
74 (c) the written deposition of a witness; or
75 (d) other reasonably reliable evidence authorized under Subsection (3).
76 (5) (a) Any witness testifying before the committee may have his counsel present.
77 (b) When the committee seeks factual testimony within the personal knowledge of the
78 witness, the testimony and answers must be given by the witness himself and not suggested to
79 the witness by counsel.
80 (c) Counsel for a witness may advise the witness during the witness's testimony only
81 when specifically requested to do so by the witness.
82 (d) The participation of counsel at a hearing and while a witness is testifying is limited
83 to advising the witness of his legal rights.
84 (e) Counsel may not address the committee, ask questions of any witness, or engage in
85 oral arguments with the committee.
86 (f) Counsel's failure to abide by these rules is grounds for counsel's exclusion from the
87 inquiry.
88 (6) After convening, the chair shall proceed in the following order:
89 (a) special impeachment counsel shall call each witness and begin the examination of

90 the witness; and
91 (b) after special impeachment counsel has finished, any member of the committee who
92 wants to examine the witness may do so.
93 (7) (a) If any committee member wants the committee to receive additional testimony
94 or other evidence not presented, the committee member shall submit a written request to the
95 chair identifying the area of inquiry, the witness that the member wants to call, and the
96 evidence that the member wants the committee to review.
97 (b) Unless the chair determines that the additional testimony or other evidence
98 unreasonably delays or obstructs the committee's investigation, the chair shall allow the
99 member to receive the additional testimony or other evidence identified by the committee
100 member if the new area of inquiry is reasonably related to the matters under consideration by
101 the committee.
102 (8) (a) A majority of the members of the committee may compel obedience to the
103 requirements of the committee by declaring in contempt of the Legislature any person who:
104 (i) fails to comply with a subpoena or a subpoena duces tecum;
105 (ii) refuses to answer a question relevant to the investigation which does not infringe
106 on his constitutional rights; or
107 (iii) is guilty of contempt on any other grounds specified in statute or recognized at
108 common law.
109 (b) The committee may petition the district court to enforce its order of contempt.
110 Section 5. HR-37.15 is enacted to read:
111 HR-37.15. Committee Action upon Completion of Inquiry; Speaker to Appoint
112 Impeachment Managers; Presentation of Articles of Impeachment.
113 (1) After the House Judiciary Committee has received testimony and other evidence,
114 the committee, upon motion made by any member of the committee, may direct that articles of
115 impeachment be drafted.
116 (2) If the motion passes, the speaker shall appoint a committee of five impeachment
117 managers from the membership of the House Judiciary Committee, no more than three of
118 whom are from the same political party, to prepare the articles of impeachment.
119 (3) The impeachment managers shall present the proposed articles of impeachment to
120 the House Judiciary Committee for its approval, approval as modified by the committee, or

121 rejection.
122 (4) If the committee approves, by majority vote, any or all of the articles of
123 impeachment submitted by the impeachment managers, the committee shall refer the approved
124 articles of impeachment to the House of Representatives for its action.
125 Section 6. HR-37.16 is enacted to read:
126 HR-37.16. House action on Articles of Impeachment.
127 (1) The impeachment managers shall submit the articles of impeachment and evidence
128 supporting the articles of impeachment to each member of the House of Representatives.
129 (2) After receiving articles of impeachment from the House Judiciary Committee, the
130 House of Representatives shall vote on each article separately.
131 (3) In order to impeach, each article must receive the approval of two-thirds of all the
132 members elected to the House of Representatives.
133 Section 7. HR-37.17 is enacted to read:
134 HR-37.17. Notice to Senate of Approval of Articles of Impeachment.
135 If the House of Representatives approves any or all of the articles of impeachment, the
136 House shall submit the articles of impeachment that passed to the Senate.
137 Section 8. HR-37.18 is enacted to read:
138 HR-37.18. Impeachment Manager, Special Impeachment Counsel; Role in the
139 Senate trial of impeachment.
140 The impeachment managers and the special impeachment counsel shall:
141 (1) inform the President of the Senate that the House has impeached a state or judicial
142 officer and that the Senate is constitutionally required to convene a court of impeachment;
143 (2) present the articles of impeachment at the bar of the Senate; and
144 (3) prosecute the impeachment case against the impeached state or judicial officer
145 based upon the articles of impeachment.
146 Section 9. Effective date.
147 This resolution takes effect upon approval by a constitutional majority vote of all
148 members of the House of Representatives.
149 Section 10. Repealer.
150 HR-37.11 through HR-37.18 are repealed December 1, 2003.

Legislative Review Note
as of 2-11-03 8:43 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel