“Amendment No. 1: Clarification of the Judiciary’s Role in Impeachment Proceedings
Amendment”
Summary of Purpose: “Clarifying that courts have no authority or jurisdiction to intercede or intervene
in or interfere with impeachment proceedings of the House of Delegates or the Senate; and specifying
that a judgment rendered by the Senate following an impeachment trial is not reviewable by any court
of this state.”
Full Text of the Amendment:
ARTICLE IV.
§9. Impeachment of officials.
Any officer of the state may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor. The House of Delegates has the sole power of impeachment. The Senate has the sole power to try impeachments and no person shall be convicted without the concurrence of two thirds of the members elected thereto. When sitting as a court of impeachment, the Chief Justice of the Supreme Court of Appeals, or, if from any cause it be improper for him or her to act, then any other judge of that court, to be designated by it, shall preside; and the senators shall be on oath or affirmation, to do justice according to law and evidence. Judgment in cases of impeachment does not extend further than removal from office, and disqualification to hold any office of honor, trust or profit, under the state; but the party convicted remains liable to indictment, trial, judgment, and punishment according to law. The Senate may sit during the recess of the Legislature for the trial of impeachments. No court of this state has any authority or jurisdiction, by writ or otherwise, to intercede or intervene in, or interfere with, any impeachment proceedings of the House of Delegates or the Senate conducted hereunder; nor is any judgment rendered by the Senate following a trial of impeachment reviewable by any court of this state.