South Dakota Constitution Article 16 - Impeachment and Removal From office.
South Dakota Constitution – Article XVI: Impeachment and Removal from Office
Overview:
Article XVI of the South Dakota Constitution outlines the procedures and grounds for impeachment and removal of public officials. It provides the authority, process, and penalties involved in holding public officers accountable for misconduct.
🔹 Section-by-Section Summary:
Section 1 – Power of Impeachment
The House of Representatives has the sole power to impeach state officials.
Section 2 – Trial of Impeachments
Impeachment trials are conducted by the Senate.
Senators must be under oath or affirmation.
A two-thirds majority of senators present is required to convict.
Section 3 – Officers Liable to Impeachment
The Governor, other state and judicial officers may be impeached for:
Drunkenness
Crimes
Corrupt conduct
Malfeasance or misdemeanors in office
Section 4 – Penalties on Conviction
Conviction in an impeachment trial results in removal from office.
The convicted official is also disqualified from holding any office of honor, trust, or profit in South Dakota.
The person may also face criminal charges in the courts.
Section 5 – Removal by Supreme Court
The Supreme Court may remove judges for:
Malfeasance
Incompetency
Gross immorality
Drunkenness
Crimes
Removal must be done after a hearing with due notice and opportunity to be heard.
🔍 Key Takeaways:
Impeachment is initiated by the House and tried by the Senate.
Grounds for impeachment include serious misconduct or crimes.
There are additional judicial discipline powers vested in the Supreme Court.
Penalties include removal and future disqualification, as well as possible criminal prosecution.
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