KSC, TITLE 2. PROVISIONS OF GENERAL APPLICABILITY TO STATE GOVERNMENT
Chapter 3. Impeachment
(1) A petition of impeachment:
(a) is on oath;
(b) plainly describes each alleged instance of misfeasance or
(c) provides documentary evidence of each instance, if available to the petitioner, or, if not available but known to the petitioner, the location of documentary evidence;
(d) states the name of at least one witness to each alleged instance, and any additional witnesses; and
(e) is accompanied by the sworn statement of each stated witness, unless the witness refuses to cooperate with the petitioner.
(2) A petitioner may be a witness.
Section 2.302. Subsequent petition.
A petitioner who has made
a petition of impeachment against an official may not submit a subsequent
petition for the impeachment of the same official unless the subsequent petition
differs in a substantive way in either the evidence presented or an alleged
instance of misfeasance or malfeasance.
Section 2.303. Amendment.
A petition is not subject to substantive amendment. Following a finding of probability pursuant to Section 2.305, the Legislature may allow a non-substantive amendment of a
petition to have it conform to evidence presented to the
Section 2.304. Convening of Legislature.
The Speaker calls the
Legislature into special session within three days of receipt of a petition of
impeachment. If the Legislature is in session when the Speaker receives a
petition, it remains in session, deferring pending matters until it disposes of
the petition. In a special session convened pursuant to this chapter the
Legislature acts only on the petition.
Section 2.305. Probability; notification.
(1) If following the convening of the Legislature pursuant to Section 2.304, the Legislature by a majority vote of Senators present finds that the petition conforms to law and that it is probable that the impeached official committed an alleged act of misfeasance or malfeasance, the Speaker notifies the impeached official of the impeachment, presenting him with a copy of the petition.
(2) If the Legislature by a majority vote of the Senators present finds that it is not probable that the impeached official committed an alleged act of misfeasance or malfeasance, the Legislature does not act further on the petition in the trial proceedings and the Speaker notifies the petitioner that the Legislature has dismissed the petition.
(3) In this section it is probable that an act occurred, if it is more likely than not that the act occurred.
(4) In determining probability or an absence of probability the Legislature relies exclusively on the petition and accompanying documents and the petitioner. s testimony.
Section 2.306. Impeached official's status.
Upon receipt of notification pursuant to Section 2.305, an official does not exercise the powers and duties of office,
does not receive Government compensation or benefits, or use Government
Section 2.307. Prosecutor.
Pursuant to rule the
Speaker appoints and employs an impartial, competent person not holding State
public office or Government employment to prosecute a petition of impeachment
before the Legislature. Counsel to the Legislature advises the Speaker and the
Legislature during proceedings pursuant to this chapter.
Section 2.308. Impeached official. s counsel.
An impeached official's
counsel or other person assisting the official in impeachment proceedings does
not hold public office.
(1) An impeached official has the right to counsel, to confront a witness, and to compel a witness to testify.
(2) The Speaker conducts the trial of an impeached official.
(3) To the extent consistent with law, trial on the impeachment petition is pursuant to the Court. s rules of criminal procedure and evidence, except that the Legislature by rule may provide for other or different rules.
(1) The Legislature listens to the evidence presented by the prosecutor and the impeached official and at the conclusion of proceedings meets to consider the evidence and reach a judgment.
(2) A majority of the Senators determines whether its deliberations following trial are public, and the manner of voting.
(3) Proof beyond a reasonable doubt is necessary to establish a judgment of guilty.
(4) The Legislature expresses its vote by a written judgment, certified by the Speaker and Clerk, which plainly states a judgment of guilty or not guilty. If the Legislature reaches a judgment of guilty, the judgment expresses the consequences of the judgment for the convicted official which may include removal from office. An impeached official who by virtue of Legislature judgment resumes his Government duties is entitled to receive compensation deferred pursuant to Section 2.306, unless found guilty in the judgment.
(5) The Speaker immediately informs the Attorney General, the Governor, the Chief Justice, the Lieutenant Governor and the public of the Legislature's judgment and its consequences.