Chapter 37 — Impeachment

Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.

Article 1. IMPEACHMENT

§ 37-101 Impeachment defined

An impeachment is the prosecution by the house of representatives before the senate, of the governor or other officer, under the constitution, for misdemeanor in office.

History: G.S. 1868, ch. 49, § 1; October 31; R.S. 1923, 37-101.

§ 37-102 Articles of impeachment

The articles of impeachment are the written accusation of the officer, drawn up and approved by the house of representatives.

History: G.S. 1868, ch. 49, § 2; October 31; R.S. 1923, 37-102.

§ 37-103 What stated in articles

The articles of impeachment shall state with reasonable certainty the misdemeanor in office for which the officer is impeached, and if there be more than one, they shall be stated separately and distinctly.

History: G.S. 1868, ch. 49, § 3; October 31; R.S. 1923, 37-103.

§ 37-104 Appointment of board of managers

When the articles of impeachment have been approved by the house of representatives, and an impeachment ordered, a board of managers shall be appointed by the house, of its own members, to prosecute it, whose chairman within five days shall lay the same before the senate.

History: G.S. 1868, ch. 49, § 4; October 31; R.S. 1923, 37-104.

§ 37-105 Day for hearing; summons

The senate shall appoint a day for hearing the impeachment, and the accused shall be required by a summons issued by the secretary of the senate to appear on that day. The summons shall be served by delivering a copy of the same and of the articles of impeachment to the accused in person, if to be found, or leaving the copies at his residence, with some member of his family over sixteen years of age.

History: G.S. 1868, ch. 49, § 5; October 31; R.S. 1923, 37-105.

§ 37-106 Subpoenas; disobedience of process

The secretary of the senate, at the request of the chairman of the board of managers, or of the accused, shall issue subpoenas for witnesses, and for producing books and papers; and in case of disobedience of the process, the senate shall order the secretary to issue process for arresting the witnesses and seizing the books and papers, which process may be executed by any sheriff, constable, or coroner.

History: G.S. 1868, ch. 49, § 6; October 31; R.S. 1923, 37-106.

§ 37-107 Attendance of witnesses and production of books and papers; enforcement penalty

The senate shall have power to compel the attendance of witnesses, and to compel them to testify, and to compel the production of books and papers, and may enforce any order or process by fine and imprisonment to such an extent as may be necessary.

History: G.S. 1868, ch. 49, § 7; October 31; R.S. 1923, 37-107.

§ 37-108 Fees, privileges and mileage of witnesses; fees of officers

Witnesses shall have the same compensation for travel and attendance, and the same exemptions in going, remaining and returning, as witnesses in the district court; and officers executing the process and orders of the senate shall have the same fees as are allowed sheriffs for like services in the district court.

History: G.S. 1868, ch. 49, § 8; October 31; R.S. 1923, 37-108.

§ 37-109 Oath of president and members of senate

Before the senate shall proceed to try the impeachment, the president of the senate, and every senator present, shall take the following oath or affirmation: "I do solemnly swear (or affirm), that I will faithfully and impartially try the impeachment against A.B., and do justice according to the law and the evidence."

History: G.S. 1868, ch. 49, § 9; October 31; R.S. 1923, 37-109.

§ 37-110 Absence of senator as affecting right to vote

The senate shall determine what amount of absence of a senator, during the trial, shall exclude the senator from voting in the final decision.

History: G.S. 1868, ch. 49, § 10; October 31; R.S. 1923, 37-110.

§ 37-111 Costs

If the accused is acquitted he shall be entitled to his costs, to be taxed by the secretary of the senate and paid by the state, and if convicted he shall pay the costs, unless the senate otherwise decide.

History: G.S. 1868, ch. 49, § 11; October 31; R.S. 1923, 37-111.

§ 37-112 Adjournments

The senate when organized and sitting as a court for the trial of an impeachment shall have power to adjourn from time to time, and hold sessions after the adjournment of legislature.

History: G.S. 1868, ch. 49, § 12; October 31; R.S. 1923, 37-112.

§ 37-113 Powers of board of managers

The board of managers appointed by the house shall have all necessary powers for conducting the prosecution of such trials, and shall appoint their own officers.

History: G.S. 1868, ch. 49, § 13; October 31; R.S. 1923, 37-113.

§ 37-114 Compensation of officers and members of senate

The officers and members of the senate, while sitting as a court of impeachment when the legislature is not in session, shall receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, as amended.

History: G.S. 1868, ch. 49, § 14; R.S. 1923, 37-114; L. 1973, ch. 211, § 7; April 16.

§ 37-115 Compensation of members of board of managers of house

Each member of the board of managers of the house while actually employed upon such impeachment when the legislature is not in session, shall receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, as amended.

History: G.S. 1868, ch. 49, § 15; R.S. 1923, 37-115; L. 1973, ch. 211, § 8; April 16.

§ 37-116 Duty and pay of attorney general

The attorney general shall be associated with the board of managers in the trial of any case of impeachment, but he shall not receive any additional pay for such services.

History: G.S. 1868, ch. 49, § 16; October 31; R.S. 1923, 37-116.

§ 37-117 Warrants for expenses

Expenditures to carry out the provisions of chapter 37 of Kansas Statutes Annotated, and amendments thereto, shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairman or vice chairman of the legislative coordinating council.

History: G.S. 1868, ch. 49, § 17; R.S. 1923, 37-117; L. 1973, ch. 211, § 9; April 16.