HJR 12 -- IMPEACHMENT TRIALS

SPONSOR:  Emery

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 5 to 2.

Upon voter approval, this proposed constitutional amendment
requires impeachments to by tried by the Senate.  If the Governor
is to be tried, the Chief Justice of the Missouri Supreme Court
will preside.  No person will be convicted without a two-thirds
vote by all senators present.  Currently, impeachments are tried
before the Missouri Supreme Court or a special commission of
seven jurists selected by the Senate.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill restores the concept of
checks and balances in state government.  Impeachment should be a
tool for the legislature and not dependent on the judiciary.
Until 1945, Missouri's Constitution mirrored the federal one and
required impeachments to be tried by the Missouri Senate.  The
change to judicially tried impeachments occurred in 1945 because
of a decision by the Senate in its 1931 impeachment of State
Treasurer and former senator, Larry Brunk.  The change in 1945
was short-sighted and a detriment to the principles of
constitutional governance.

Testifying for the bill were Representative Emery; John McGinnis;
and William Placke.

OPPONENTS:  Those who oppose the bill say that there is no crisis
in the impeachment process in Missouri.  Nothing has changed
since 1945 to believe that the judiciary's part in the
impeachment process is flawed; and, in fact, there have been
successful impeachments on several occasions since the 1945
constitution.  The judiciary should keep its impeachment power
since it is the only impartial branch of state government.  If
the legislature tried impeachments, it could use it as a
political weapon and not a constitutionally principle exercise of
power.

Testifying against the bill were Patrick McLarney; and Judicial
Conference of Missouri.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am