Officers Liable — Effect of Judgment

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The governor, judges of the supreme court and court of appeals, judges of inferior courts, chancellors, attorneys for the state, state treasurer, comptroller of the treasury and secretary of state shall be liable to impeachment whenever they may, in the opinion of the house of representatives, commit any crime in their official capacity which may require disqualification; but judgment shall only extend to removal from office, and disqualification to fill any office thereafter. The party shall, nevertheless, be liable to indictment, trial, judgment, and punishment according to law.

Code 1858, § 5282 (deriv. Const. 1834, art. 5, § 4); Shan., § 7262; mod. Code 1932, § 11864; T.C.A. (orig. ed.), § 8-2601.

Cross-References. Effect of judgment, Tenn. Const., art. V, § 4.

Non-specified civil officers may be proceeded against by indictment for misbehavior in office, Tenn. Const., art. V, § 5.

Power of governor to pardon does not extend to impeachment, Tenn. Const., art. III, § 6.

Power of general assembly to relieve from penalties imposed, Tenn. Const., art. V, § 4.

Removal of officers not subject to impeachment, title 8, ch. 47.

Who may be impeached, Tenn. Const., art. V, § 4.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

Collateral References.

Validity, under state law, of appointment of special prosecutor where regular prosecutor is charged with, or being investigated for, criminal or impeachable offense. 84 A.L.R.3d 115.


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