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Ga. Const. art. III, § VII, ¶ I — Power to impeach | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE III. LEGISLATIVE BRANCH

Paragraph I. Power to impeach.

The House of Representatives shall have the sole power to vote impeachment charges against any executive or judicial officer of this state or any member of the General Assembly.

1976 Constitution.

- Art. III, Sec. VI, Para. I.

Cross references.

- Grounds for impeachment of judges, §§ 15-1-7,15-6-13, and15-6-21.

JUDICIAL DECISIONS

Sentence of removal from office for official malpractice does not violate paragraph.

- A sentence of court which imposed the penalty of removal from office for a violation of former Penal Code 1910, §§ 295 and 296 (see now O.C.G.A. § 45-11-4) did not violate this paragraph. The constitutional method and the legislative method of removing county and state officials from office were merely cumulative and not conflicting. Kent v. State, 18 Ga. App. 30, 88 S.E. 913 (1916) (see Ga. Const. 1983, Art. III, Sec. VII, Para. I).

Liability of judge to disbarment proceedings.

- That a lawyer is also a judge of the superior court and hence a constitutional officer and must have practiced law seven years at the time of the lawyer's election and is prohibited from practicing law while serving as judge, does not mean that the lawyer cannot at the same time be disbarred and the lawyer's license to practice law canceled as provided in former Code 1933, T. 9, Ch. 5 (see now O.C.G.A. Art. 2, Ch. 19, T. 15). The two proceedings are provided for the accomplishment of entirely different results. Each must be pursued to accomplish the result which it is intended to accomplish. Gordon v. Clinkscales, 215 Ga. 843, 114 S.E.2d 15 (1960).

Cited in Cargile v. State, 194 Ga. 20, 20 S.E.2d 416 (1942); DeKalb County Sch. Dist. v. Ga. State Bd. of Educ., 294 Ga. 349, 751 S.E.2d 827 (2013).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 154 et seq.

ALR.

- Physical or mental disability as disqualification or ground of removal or impeachment of public officer, 28 A.L.R. 777.

Membership in or affiliation with religious, political, social, or criminal society or group as ground of removal of public officer, 116 A.L.R. 358.