Proposal covers impeachment rules
Measure clears Senate panel; not aimed at anyone in particular, sponsor says
Proposed rules to govern the Senate’s proceedings during an impeachment trial cleared the Senate Rules Committee on Wednesday afternoon.
In a voice vote with no audible dissenters, the committee recommended that the full chamber approve the proposed rules, sponsored by Sen. Trent Garner, R-El Dorado, after he made a handful of changes to address concerns raised by senators. The Senate will consider the proposed rules today, said Senate Rules Committee Chairman Bruce Maloch, D-Magnolia.
Garner said his proposed rules are “based on a combination of other states’ procedure for impeachment, current law that we have and our constitution.”
Asked whether he wants to impeach any particular judge in the next few months
and whether that’s behind the proposal, Garner said, “This isn’t specifically done toward any particular judge or person.
“This is more about we don’t have any procedure in place and, if the articles of impeachment came from the House tomorrow, the Senate wouldn’t have [anything] in place to actually take those articles of impeachment. This is not based on one person. This is based on getting our rules correct in case an extraordinary situation happens.”
Asked if he expects the House to impeach anybody anytime soon, Garner said, “I haven’t heard nothing.
“Obviously in the past, I have called for the [impeachment of] certain people,” he said, referring to Pulaski County Circuit Judge Wendell Griffen. “But that call is separated from these rules. These are nonpartisan, nonbiased, non-toward anybody in particular.”
The House of Representatives has the sole power of impeachment under Article 15, Section 2, of the Arkansas Constitution, and all impeachments are to be tried by the Senate, according to Garner’s proposed rules that cover 11 pages.
The governor, another state officer or a judge could be impeached and tried for high crimes and misdemeanors or gross misconduct, under the proposed rules. Article 15 requires a two-thirds vote in the 35-member Senate to remove an impeached official.
Garner’s proposed rules include sections covering the receipt of the articles of impeachment from the House; the entry of pleas from those impeached; and the answer, summons, oaths, pretrial proceedings and subpoenas. The proposal also addresses matters such as evidence; floor privileges; attendance by senators; court reporters and transcripts; witnesses; public access; and verdict and judgment.
In May 2017, the House — which has never impeached anyone — adopted its first-ever rules on impeachment, including a rule requiring support from at least a third of the chamber to propose filing articles of impeachment. The House’s rules require a simple majority to impeach.
At that time, the House’s 73-13 vote overcame mild opposition from Democrats, who accused Republicans of having Griffen in their cross hairs.
Several lawmakers had publicly expressed a desire to have Griffen removed from the bench after the judge ruled to halt a series of planned executions and then participated in protests against the death penalty — all in the same day. The state Supreme Court later ordered Griffen not to oversee any cases involving the death penalty.