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The Utah House of Representatives will begin an investigation into Attorney General John
Swallow on July 3rd. While it's not the beginning of impeachment proceedings, the results of
the investigation could push them in that direction.
But what does it mean to impeach someone, and how do you do it? Well, here's a step-by-step
guide. "How To Impeach a State Officer"
Step 1: Convene the House
The impeachment process starts in the House of Representatives so they have to be in session
before you can do anything. But, If it isn't already, like right now, the Speaker of the
House may assemble the members if two/thirds vote in favor of doing so.
Step 2: Resolve to Impeach and Then Decide How
Once assembled, the House would then need to pass a resolution calling for the impeachment
of the state officer, like the Attorney General for example. This part essentially lays out
the motivation behind the impeachment and gets the ball rolling. After that, the House
would then need to pass another resolution outlining the rules and procedures for the
impeachment process. Where do these rules come from? According to the legislature's
general counsel, the House is pretty much given a blank check. *cha ching* They can
define the rules and procedures any way they'd like. Create a committee to investigate? Sure.
Hire outside investigators and attorneys? go for it. It's even up to them to decide
what the constitutional standard of impeachment is, which includes defining the meaning of
"high crimes, misdemeanors, and malfeasance in office."
Step 3: Pass Articles of Impeachment
While we're already on step 3, no one has actually been impeached yet. But, that is
the next step. After all the evidence is gathered a final resolution is written which includes
the Articles of Impeachment. Similar to an indictment, the Articles of Impeachment are
simply a list of charges the legislature is bringing against the accused state officer.
Each one of the articles is voted on separately and needs approval by at least two-thirds
of the House to pass. If any of the articles is passed then:
WE HAVE IMPEACHMENT!
But that's not the end of the process. Being impeached does not mean you have to leave
office. Think Bill Clinton, who was impeached by the U.S. House but not convicted by the
U.S. Senate. It works the same here in Utah.
Step 4: Senate Holds a Trial
Once the House passes articles of impeachment they hand them over to both the Senate and
the person they've just impeached. At this point the impeached officer is suspended from
performing their job until the outcome of the Senate Trial. The purpose of the trial
is to prove or disprove any of the Articles of Impeachment sent by the House. And just
like any trial, the Senate calls witnesses and considers evidence. But just like the
House can create their own rules for impeachment, the Senate gets to define, by a majority vote,
the policies and procedures that govern their trial.
Step 5: Convict or Acquit
Like any trial there are two possible outcomes. Either two-thirds of the Senators vote that
one or more article has been proven and the impeached officer is convicted, or they don't,
and he's acquitted.
If found guilty, there are a couple of options. The Senate can suspend him without pay, or
they can decide to kick him out of office and prohibit the person from ever holding
any state office of honor, trust, or profit.
If the John Swallow case would get to this point, it would be the first time in Utah
history. In fact, no Utahn has ever even been impeached.
For a more complete list of sources and information, check out the links below.
And let us know what you think in the comments. Should Utah Attorney General John Swallow
be impeached? Or is he just the unfortunate victim of a media firestorm?