Ala. Code
Code of Alabama

Ala. Code § 36-11-4 (2026)

Duty of Attorney General and District Attorneys to Institute and Prosecute Impeachment Proceedings.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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It shall be the duty of the Attorney General to institute proceedings under this chapter and prosecute the same against any officer included in Section 174, Article 7, of the constitution, when the Supreme Court shall so order or when the Governor shall, in writing, direct the same or when it appears from the report of any grand jury that any such officer ought to be removed from office, for any cause mentioned in this chapter.

It shall be the duty of the district attorney to institute proceedings under this chapter and prosecute the same against any officer included in Section 175, Article 7, of the constitution when the circuit court of the county shall so order or when the Governor, in writing, shall direct the same or whenever it appears from the report of the grand jury that any such officer ought to be removed from office for any cause mentioned in this chapter.

(Code 1876, §4068; Code 1886, §4840; Code 1896, §4887; Code 1907, §7125; Code 1923, §4520; Code 1940, T. 41, §201.)

Notes of Decisions
Cited in 3 cases, 1987–2016 · leading case: Parker v. Amerson, 519 So. 2d 442 (Ala. 1987).
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Parker v. Amerson, 519 So. 2d 442 (Ala. 1987). “McMillan, Constitutional Development in Alabama, 1798-1901: A Study in Politics, the Negro, and Sectionalism, at 338.”
Riley v. Cornerstone Cmty. Outreach, Inc., 57 So. 3d 704 (Ala. 2010). · cites it 2× “See Ala.Code 1975, § 36-11-4 (the governor can “direct” the attorney general to file impeachment proceedings against constitutional officers, and he can direct the district attorney to file impeachment proceedings against county or municipal officers); Ala.”
State ex rel. Strange v. Clark, 216 So. 3d 426 (Ala. 2016). “On June 30, 2016, the State of Alabama, by and through its Attorney General, pursuant to §§ 36-11-4 and 36-11-5, Ala.Code 1975, filed an information of impeachment and a prayer for ouster, charging that Sheriff Clark, during his present term of office, willfully neglected his…”
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