Similar to the Congress of the United States, state legislatures can impeach state officials, including governors and judicial officers, in every state except Oregon.[1][2] In addition, the legislatures of the territories of American Samoa,[3]Northern Mariana Islands,[4] and Puerto Rico[5] have impeachment powers. Impeachment describes the process through which the legislature may bring charges and hold a trial with a penalty including removal from office.
Some aspects of how impeachment is conducted in different states and territories different, however they all commonly follow the bifurcated model used by the federal government of having a legislative chamber first vote to impeach an official before then holding an impeachment trial to determine whether to convict and remove that official.
Impeachment processes by state/territory
Some aspects of how impeachment is conducted in different states and territories different, however they all commonly follow the bifurcated model used by the federal government of having a legislative chamber first vote to impeach an official before then holding an impeachment trial to determine whether to convict and remove that official. This takes cues from the practice of impeachment in England.[6] Like the federal government, most have their lower chamber of their legislatures hold the vote to impeach, and have the subsequent impeachment trial take place in the upper chamber of their legislatures.[6][1] However, several states do differ from the convention of holding the impeachment trial in their upper chamber. In a reverse, in Alaska it is the upper chamber of the legislature that votes to impeach while the lower chamber acts as the court of impeachment.[1] In Missouri, after the lower chamber votes to impeach, an impeachment trial is held before the Supreme Court of Missouri, except for members of that court or for governors, whose impeachments are to be tried by a panel of seven judges (requiring a vote of five judges to convict), with the members of the panel being selected by the upper legislative chamber, the Missouri State Senate.[7] In Nebraska, which has a unicameral legislature, after the Nebraska Legislature votes to impeach, an impeachment trial takes place before the Nebraska Supreme Court.[1] In addition to all the members of its upper chamber, the state of New York's Court of the Trial of Impeachments also includes all seven members of the state's highest court, the New York Court of Appeals.[8]
Current impeachment procedure by state/territory/federal district
State/territory/fed. district
Body which impeaches
Body which holds trial/convicts
Offices subject to impeachment by state/territorial government
Presiding officer specifications for trials
Specified reasons for which officials can be impeached[1]
"Willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties for any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith"
House of Representatives rules currently require a several-step process before a vote on impeachment can be held, including a requirement that 63 members of the House (equivalent to three-fifths of its membership) vote to permit articles of impeachment to be considered by the House
"Every public officer in the state of Arizona, holding an elective office, either by election or appointment"
Chief justice of Arizona (all trials except for trials of the chief justice) (Should the chief justice be on trial or otherwise disqualified from presiding, the Senate chooses another judge of the Arizona Supreme Court to preside)
"High crimes, misdemeanors, or malfeasance in office"
Senate (support of two-thirds of the membership needed)
All state officers (including the governor), judges of the Supreme and Circuit Courts, chancellors, prosecuting attorneys
Chief justice of the Supreme Court of Arkansas (all trials except for trials of the chief justice) (Should the chief justice be on trial or otherwise disqualified from presiding, the Senate chooses another presiding officer)
"High crimes and misdemeanors and gross misconduct in office"
State Senate (support of two-thirds of the membership needed to convict)
"State officers elected on a statewide basis, members of the State Board of Equalization, and judges of state courts"
"Misconduct in office"
Impeached officials are suspended from practicing the functions their office until the judgement of the trial; convictions can result in removal from office and disqualification or alternative in temporary suspension from office; trials are required to be prosecuted by impeachment managers elected by the State Assembly. The impeachment managers author the articles of impeachment on which the officer is to be tried by the Senate.
Chief justice of the Supreme Court (gubernatorial and lieutenant gubernatorial trials) (In the absence or disability of the chief justice, the Chancellor of the Delaware Court of Chancery is to preside)
President of the Senate (all other trials)
"Treason, bribery, or any high crime or misdemeanor in office"
Chief justice of the Supreme Court of Florida (all trials, except trials of themselves)
Governor (trials of the chief justice of the Supreme Court)
"Misdemeanor in office"
The Constitution of Florida requires that impeachment trials be concluded within six months of the impeachment vote. Additionally, the Constitution of Florida explicitly permits the speaker of the House to committees to conduct impeachment inquiries.
Senate (support of two-thirds of the membership needed to convict)
"Any executive or judicial officer" of Georgia or "any member of the General Assembly"
Chief Justice of the Supreme Court of Georgia(if the chief justice is disqualified, then the presiding justice of the Supreme Court is to preside. If the presiding justice too is disqualified, then the Senate is to select another justice of the Supreme Court to preside)
After articles of impeachment against them are presented to the Senate, officers are temporarily suspended from their office and prohibited from acting in their official capacity until the judgement of the trial. Upon such suspension of any state officer, the office "must at once be temporarily filled by an appointment made by the governor, with the advice and consent of the senate" until the impeached officer is acquitted or (in case of removal) until the vacancy is permanently filled as required by law."
Senate (support of two-thirds of the membership needed to convict)
"All state officers" (except justices of the Supreme Court of Indiana; judges of the Court of Appeals of Indiana; judges of the Indiana tax court; all other judges; prosecuting attorneys; and all county, city, town, and township officers)
Chief justice of the Supreme Court of Indiana (gubernatorial trials)
"Crime, incapacity, or negligence"
Trials required to be prosecuted by impeachment managers that are elected by the House of Representatives. Impeachment managers are also to author the articles of impeachment.
Senate (two-thirds of the membership needed to convict)
"Corrupt conduct in office or crimes or misdemeanors"
Impeachment trial is to be prosecuted by three impeachment managers elected from and by the House of Representatives; impeached judicial officers are suspended from practicing the functions their office until the judgement of the trial
Chief justice of the Supreme Court of Mississippi (gubernatorial impeachments) (if chief justice is disqualified, disabled, or declines to preside, the next-longest tenured Supreme Court judge is to preside)
"Treason, bribery, or any high crime or misdemeanor in office"
Panel of seven judges selected by Missouri Senate for impeachments of governors or members of the Supreme Court of Missouri (five-sevenths vote needed to convict)
"Crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense of moral turpitude or oppression in office"
Legislature (support of majority of the membership needed)
Supreme Court for most impeachments (support of two-thirds of the membership needed to convict)
A panel of seven judges of the district court in which the Capitol is located selected at random by the clerk of the judicial district for impeachments of justices of the Nebraska Supreme Court (support of two-thirds of the membership needed to convict)
Civil officers
"Misdemeanor in office. Alleged acts or omissions must be stated in impeachment resolution"
Trials are to be prosecuted by two impeachment managers elected by and from the Legislature
General Assembly (support of two-thirds of the membership needed to convict)
All state officers (including the governor, justices of the Supreme Court, and judges of the Superior Court, etc.) during their tenure in office as well as the two years after they leave office
State Assembly (support of majority of the membership needed)
Court for the Trial of Impeachments made up of members of the Senate and the Court of Appeals. In gubernatorial and lieutenant gubernatorial impeachments, the lieutenant governor and the temporary president/majority leader of the Senate are prohibited from participating (two-thirds vote needed to convict)
None specified
Impeached judicial officers are suspended from their office until the judgement of the trial
Chief justice of the Supreme Court (most impeachments) (in their absence or disqualification, an associate justice of the Supreme Court selected by the Senate is to preside)
Presiding officer chosen from and by the Senate (impeachments of Supreme Court justices)
"Willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude while in office "
Senate (support of two-thirds of the membership needed to convict)
"Governor and all other executive and judicial officers"
Chief or presiding justice of the Supreme Court (gubernatorial impeachments)
Incapacitation or guilt for "the commission of a felony or crime of moral turpitude, misfeasance, or malfeasance in office or found incapacitated" (elected officers)
Incapacitation or guilt for "the commission of a felony or crime of moral turpitude, misfeasance or malfeasance in office or violation of the canons of judicial ethics" (judges)
Impeachment resolutions will not be considered by the House unless they are signed by a quarter of House members; impeached officers are suspended from office until the judgement of the trial is pronounced; judgement is limited to removal from office (no ability to bar future eligibility to hold office)
Senate (support of two-thirds of the membership needed to convict)
"Officials elected on a statewide basis, state judges, and such other state officers as may be designated by law"
Chief justice of the Supreme Court (gubernatorial impeachments) if the chief justice is disqualified, then the senior justice is to preside
"Serious crimes or serious misconduct in office"
Impeached officials are suspended from their office until the judgement of the trial is pronounced; judgement is limited to removal from office (no ability to bar future eligibility to hold office)
Senate (support of two-thirds of the membership needed to convict)
"Governor and other state and judicial officers, except county judges, justices of the peace and police magistrates"
Lieutenant governor is prohibited from presiding over or participating in gubernatorial impeachment trials
"Drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor in office"
Impeached officials are suspended from their office until the judgement of the trial; South Carolina constitution's impeachment rules include a double jeopardy clause protecting any officer against being impeached twice for the same offense
Chief justice of the Supreme Court (most impeachments)
Senior associate judge of the Supreme Court (impeachments of the chief justice of the Supreme Court)
Committing of "any crime in their official capacity which may require disqualification"
Trial to be prosecuted by three impeachment managers elected by and from the House; the General Assembly has the authority to remove any disqualification from holding office that was placed on an individual through a past impeachment judgement; the Legislature has the authority to initiate similar removal proceedings against justices of the peace, and other civil officers not eligible for impeachment, with removal/disqualification trial to take place in any "court" which the Legislature directs (such trials effectively amount to impeachment, but unlike impeachment are also allowed to enforce "other punishment as may be prescribed by law"
Impeached officials are suspended from their office until the judgement of the trial; Texas Constitution enables the Legislature to pass laws allowing for removal trials for officers that are not eligible for impeachment; with two-thirds approval from each chamber of the Legislature; the governor can remove judges for "wilful neglect of duty, incompetency, habitual drunkenness, oppression in office, or other reasonable cause which shall not be sufficient ground for impeachment" with the judges to be able to defend themselves in hearing before the Legislature votes
Chief justice of the Utah Supreme Court (gubernatorial impeachments) in the case that they are disqualified or unable to act, Senate is to select another Supreme Court justice to preside
"High crimes, misdemeanors, or malfeasance in office"
Impeached judicial officers are suspended from their office until the judgement of the trial with temporary replacements to be appointed by governor and confirmed by the Senate
Not removed; the General Assembly acted beyond its authority and ruled that the impeachment invalid; and no trial was subsequently held before the Governor and Council.[73]
Found guilty in impeachment trial on March 11, 1857, resigned before this sentence was formally entered. Was convicted and disqualified from holding state office.[103]
Impeachment proceedings halted after North Dakota Supreme Court took a case challenging Moodie's qualification to hold office. Court ultimately removed Moodie as unqualified for office[117]
Resigned on February 6, 1991, before trial started. Afterwards, the Senate and then House adopted resolutions to terminate the impeachment proceedings.[30][160]
TBD; State Senate voted on January 11, 2023 to indefinitely postpone the trial.[189] Future unclear after the Commonwealth Court of Pennsylvania opined on January 12, 2023 that the articles of impeachment had failed to meet the necessary legal standard of "misbehavior in office"[190][191]
Acquitted September 16, 2023; was suspended while awaiting verdict
Gubernatorial impeachment
Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. At least eleven U.S. state governors have faced an impeachment trial; a twelfth, GovernorLee Cruce of Oklahoma, escaped impeachment by one vote in 1912. Several others, including Missouri's Eric Greitens in 2018, have resigned rather than face impeachment, when events seemed to make it inevitable.[193] The most recent impeachment of a state governor occurred on January 14, 2009, when the Illinois House of Representatives voted 117–1 to impeach Rod Blagojevich on corruption charges;[194] he was subsequently removed from office and barred from holding future office by the Illinois Senate on January 29.
There have been eighteen impeachments of state governors (with two state governors having been impeached twice):
James E. Ferguson (Democratic governor of Texas) in 1917 –convicted after first having resigned
Jack C. Walton (Democratic governor of Oklahoma) in 1923 (impeached for a variety of crimes including illegal collection of campaign funds, padding the public payroll, suspension of habeas corpus, excessive use of the pardon power, and general incompetence. In November 1923, Walton was convicted and removed from office)[197]—removed
Rod Blagojevich (Democratic governor of Illinois) impeached twice in 2009 (impeached for abuse of power and corruption, including an attempt to sell the appointment to the United States Senate seat vacated by the resignation of Barack Obama)[200] —removed following second impeachment
The National Conference of State Legislatures has observed that gubernatorial impeachment occurs relatively infrequently[6] and has cited two factors in believed to be partially responsible for this:
"Impeachment is regarded as a power to be used only in extreme cases"[6]
"Individuals frequently resign before the impeachment proceedings begin or are completed"[6]
^2012 Indiana Code Title 5. State and Local Administration Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification Chapter 1. Impeachment and Removal From Office
^Bateman, Newton; Selby, Paul; Shonkwiler, Frances M.; Fowkes, Henry L. (1908). Historical Encyclopedia of Illinois. Chicago, IL: Munsell Publishing Company. p. 489. Archived from the original on November 22, 2016. Retrieved November 12, 2019.
^"Impeachment". Time. June 18, 1928. Archived from the original on November 21, 2010. Retrieved 2010-02-12. With great solemnity, violent denunciation and impassioned infinitive-splitting by the prosecutors, the Massachusetts House of Representatives last week voted 196 to 18 the impeachment of Massachusetts' Attorney General, Arthur K. Reading. It was the first time in 148 years that the Commonwealth had found out a corrupt public officer and affixed censure. ...
^AP staff reporter (March 30, 1989). "Impeachment in West Virginia". The New York Times. Archived from the original on November 6, 2014. Retrieved October 17, 2009.
^"Kentucky House Votes To Impeach Jailed Official". Orlando Sentinel. January 26, 1991. Archived from the original on November 17, 2015. Retrieved November 16, 2015. The House voted unanimously Friday to impeach the agriculture commissioner six days after he began serving a one-year sentence for a payroll violation.
^"Jailed Official Resigns Before Impeachment Trial". Orlando Sentinel. February 7, 1991. Archived from the original on November 17, 2015. Retrieved November 16, 2015. Kentucky's commissioner of agriculture, serving a one-year jail sentence for felony theft, resigned Wednesday hours before his impeachment trial was scheduled to begin in the state Senate.
^Hinds, Michael deCourcy (May 25, 1994). "Pennsylvania House Votes To Impeach a State Justice". The New York Times. Archived from the original on November 6, 2014. Retrieved January 24, 2010. A State Supreme Court justice convicted on drug charges was impeached today by the Pennsylvania House of Representatives.
^Moushey, Bill; Tim Reeves (October 5, 1994). "Larsen Removed Senate Convicts Judge On 1 Charge". Pittsburgh Post-Gazette. Pittsburgh, PA. p. A1. Archived from the original on May 19, 2016. Retrieved September 14, 2013. Rolf Larsen yesterday became the first justice of the Pennsylvania Supreme Court to be removed from office through impeachment. The state Senate, after six hours of debate, found Larsen guilty of one of seven articles of impeachment at about 8:25 p.m, then unanimously voted to remove him permanently from office and bar him from ever seeking an elected position again.
^Young, Virginia (October 7, 1994). "Moriarty Is Impeached – Secretary Of State Will Fight Removal". St. Louis Post-Dispatch. St. Louis, MO. p. 1A. Archived from the original on January 14, 2021. Retrieved September 14, 2013. The House voted overwhelmingly Thursday to impeach Secretary of State Judith K. Moriarty for misconduct that 'breached the public trust'. The move, the first impeachment in Missouri in 26 years, came at 4:25 p.m. in a hushed House chamber.
^Young, Virginia; Bell, Kim (December 13, 1994). "High Court Ousts Moriarty". St. Louis Post-Dispatch. St. Louis, MO. p. 1A. Archived from the original on January 14, 2021. Retrieved September 14, 2013. In a unanimous opinion Monday, the Missouri Supreme Court convicted Secretary of State Judith K. Moriarty of misconduct and removed her from office.
^Jenkins, Nate (April 11, 2006). "Hergert impeached". Lincoln Journal Star. Archived from the original on November 7, 2017. Retrieved October 11, 2012. With the last vote and by the slimmest of margins, the Legislature did to University of Nebraska Regent David Hergert Wednesday what it hadn't done in 22 years—move to unseat an elected official.
^"Hergert Convicted". WOWT-TV. August 8, 2006. Archived from the original on January 15, 2013. Retrieved October 11, 2012. University of Nebraska Regent David Hergert was convicted Friday of manipulating campaign-finance laws during his 2004 campaign and then lying to cover it up. The state Supreme Court ruling immediately removed Hergert, 66, from office.