Previous | Next

§ 28. Officers impeachable; grounds; punishment. The governor and all other officers under this constitution, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 54; L. 1974, ch. 458, § 1; November 5, 1974.

Cross References to Related Sections:

Impeachment, generally, see 37-101 et seq.

Law Review and Bar Journal References:

"The Merits of Merit Selection; A Kansas Judge's Response to Professor Ware's Article," Janice D. Russell, 17 Kan. J.L. & Pub. Pol'y, No. 3, 437 (2008).

CASE ANNOTATIONS

1. Legislator subject to removal only by members of same house. The State, ex rel., v. Gilmore, 20 Kan. 551, 552.

2. Judges of district courts subject to impeachment and removal by Legislature. Falloon v. Clark, 61 Kan. 121, 125, 58 P. 990.

3. Removal of unfaithful public officers constitutional, except where impeachment applies. The State, ex rel., v. Martin, 87 Kan. 817, 819, 126 P. 1080.

4. Constitution provides two methods for removing district judges; by impeachment or by resolution of both houses, two-thirds concurring; re-establishment of judicial districts disapproved. State, ex rel., v. Gaitskill, 133 Kan. 389, 390, 300 P. 326.

5. County commissioners removable by civil action; not impeachment. State, ex rel., v. Blain, 189 Kan. 575, 577, 370 P.2d 415.