Impeachment?

[Timjoebillybob]

TimjoeBillyBob good find! Now is there any brave lads in those districts that have lots of $$ and would do this. =)

Not my find, it was the OPs. I just listed part of the IC he didn't.

 

[SemperFiUSMC]

Yes members of the assembly can be impeached.
The part of the code the OP is talking about is in that chapter. It's a interesting read.
Indiana Code 5-8-1

To remove them under house or senate rules you are correct. But the OP is talking about impeaching them under IC. Which would before a judge not the house or senate.

So who in their districts feels like filing a case in court against them? But you better have deep pockets if it goes against you.
And does any circuit court have the power or only the one with jurisdiction over their district?

Members of the General Assembly are not state officers as defined in 5-8-1-1. State officers are defined as constitutional and statutory officers under articles 5 (executive), 6 (administrative) and 7 (judiciary) of the Indiana Constitution. The General Assembly is constituted and members authorized under Article 4. Members cannot be impeached. They can only be removed under the rules of their respective house.

IC 5-8-1-1
Officers; judges; prosecuting attorney; liability to impeachment
Sec. 1. (a) Under Article 6, Sections 7 and 8 of the Constitution of the State of Indiana, all state officers other than justices of the supreme court or judges of the court of appeals of Indiana or the Indiana tax court, all other judges, prosecuting attorneys, and all county, city, town, and township officers are liable to impeachment for any misdemeanor in office.
(b) A justice of the supreme court or a judge of the court of appeals of Indiana or of the Indiana tax court is subject to removal from office under Article 7, Section 11 of the Constitution of the State of Indiana.

 

[Compatriot G]

I was listening to Garrison a day or two ago and he brought up an interesting point. The Legislature has to be in session this year. It is required to draw-up the new districts because of the census. Here is what the Indiana Constitution says:
Article4

Section 5. The General Assembly elected during the year in which a federal decennial census is taken shall fix by law the number of Senators and Representatives and apportion them among districts according to the number of inhabitants in each district, as revealed by that federal decennial census. The territory in each district shall be contiguous.

This could be the real reason they are hiding out. I think they are trying to delay the inevitable. The Dems know the map will be drawn to favor Republicans. Just like the way they drew the map 10 years ago to favor Democrats.

 

[TopDog]

I like what Leadeye said...

Rather than impeachment I think recall elections should be very easy to get running. Having a legislator living under the constant threat of replacement keeps them on a short chain.

 

[Timjoebillybob]

Members of the General Assembly are not state officers as defined in 5-8-1-1. State officers are defined as constitutional and statutory officers under articles 5 (executive), 6 (administrative) and 7 (judiciary) of the Indiana Constitution.

IC 5-8-1-1
Officers; judges; prosecuting attorney; liability to impeachment
Sec. 1. (a) Under Article 6, Sections 7 and 8 of the Constitution of the State of Indiana, all state officers other than justices of the supreme court or judges of the court of appeals of Indiana or the Indiana tax court, all other judges, prosecuting attorneys, and all county, city, town, and township officers are liable to impeachment for any misdemeanor in office.

You seem to have forgotten article 6 section 8 as is mentioned in the IC statute you quoted which reads

Section 8. All State, county, township, and town officers, may be impeached, or removed from office, in such manner as may be prescribed by law.

I was listening to Garrison a day or two ago and he brought up an interesting point. The Legislature has to be in session this year. It is required to draw-up the new districts because of the census. Here is what the Indiana Constitution says:
Article4

Section 5. The General Assembly elected during the year in which a federal decennial census is taken shall fix by law the number of Senators and Representatives and apportion them among districts according to the number of inhabitants in each district, as revealed by that federal decennial census. The territory in each district shall be contiguous.

This could be the real reason they are hiding out. I think they are trying to delay the inevitable. The Dems know the map will be drawn to favor Republicans. Just like the way they drew the map 10 years ago to favor Democrats.

Could be.

 

[SemperFiUSMC]

You seem to have forgotten article 6 section 8 as is mentioned in the IC statute you quoted which reads




Could be.

OK. I know nothing about the law. Great idea. Call Garrison in the morning and explain your theory of impeachment.

 

[jedi]

I like what Leadeye said...

I've posted it but will post it again. Even if you have a special election to elect new reps for the ones that are not here those elections will occur in heavy D districts. Guess what? Those people are either going to vote for the SAME rep they have now or anther D who is going to run away as well. So we are back to square 1 again.

 

[dross]

This is a political problem that requires a political solution. There's no legal shortcut. Even the legal options are political.

 

[Timjoebillybob]

OK. I know nothing about the law.

Glad you admit it.

And I didn't say that. I just said that because they are authorized to remove a member under art 4 doesn't meant they are immune to other measures authorized in the IN Constitution.