§ 5-8-1-1 Officers; judges; prosecuting attorney; liability to impeachment
§ 5-8-1-2 Method of impeachment
§ 5-8-1-3 Articles of impeachment
§ 5-8-1-4 Hearing
§ 5-8-1-5 Service upon defendant
§ 5-8-1-6 Absence of defendant
§ 5-8-1-7 Objections to articles of impeachment; pleas
§ 5-8-1-8 Answering articles of impeachment; judgment
§ 5-8-1-9 Oaths
§ 5-8-1-10 Conviction
§ 5-8-1-11 Judgment
§ 5-8-1-12 Resolution of acquittal or conviction
§ 5-8-1-13 Suspension or removal from office
§ 5-8-1-14 Disqualification of defendant from receiving salaries
§ 5-8-1-15 Temporary suspension during pendency of proceedings; filling vacancies
§ 5-8-1-16 Impeachment of governor or lieutenant governor; chief justice to preside
§ 5-8-1-17 Indictment or information not barred
§ 5-8-1-18 Senate to continue in session
§ 5-8-1-19 Judge or prosecuting attorney; duties of attorney general
§ 5-8-1-21 Written accusations; grand jury
§ 5-8-1-22 Form of accusation
§ 5-8-1-23 Delivery of accusations; service on defendant
§ 5-8-1-24 Appearance of defendant
§ 5-8-1-25 Answering accusation
§ 5-8-1-26 Objections to legal sufficiency of accusation
§ 5-8-1-27 Denial of accusation
§ 5-8-1-28 Objection to accusation not sustained
§ 5-8-1-29 Guilty plea or refusal to answer; not guilty plea
§ 5-8-1-30 Trial
§ 5-8-1-31 Attendance of witnesses
§ 5-8-1-34 Removal of prosecuting attorney; proceedings
§ 5-8-1-35 Verification of accusation; citing party; hearing; judgment
§ 5-8-1-38 Felony conviction; removal; appeal; reinstatement; remuneration; vacancy

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code > Title 5 > Article 8 > Chapter 1 - Impeachment and Removal From Office

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • adjustment factor: means the amount, stated as a percentage, that the board determines under section 22 of this chapter should be applied in determining the district's net increment. See Indiana Code 36-7-26-3
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: refers to the department of metropolitan development in a county having a consolidated city, the works board in second class cities, and the department of redevelopment in other units. See Indiana Code 36-7-16-2
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • authority: refers to a redevelopment authority created by this chapter. See Indiana Code 36-7-14.5-2
  • authority: refers to the county convention and recreational facilities authority established by Indiana Code 36-7-15.3-2
  • authority: refers to a multiple jurisdiction infrastructure authority established under this chapter. See Indiana Code 36-7-23-1
  • authority: refers to a multiple county juvenile facility authority established under this chapter. See Indiana Code 36-7-24-1
  • base assessed value: means the net assessed value of all the taxable property located in a flood control improvement district as finally determined for the assessment date immediately preceding the effective date of the resolution adopted under this chapter establishing the particular district. See Indiana Code 36-7-15.6-2
  • base assessed value: means , subject to subsection (b):

    Indiana Code 36-7-32-4

  • base period amount: means the aggregate amount of state gross retail and use taxes remitted under Indiana Code 36-7-26-4
  • base period amount: means the aggregate amount of covered local income taxes paid by employees employed in a tax area with respect to wages earned for work in the tax area for the state fiscal year that precedes the date on which the commission confirmed the resolution designating the tax area. See Indiana Code 36-7-27-2
  • Bench trial: Trial without a jury in which a judge decides the facts.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • board: refers to the board of directors of the authority. See Indiana Code 36-7-14.5-3
  • board: refers to the board of directors of the authority. See Indiana Code 36-7-15.3-3
  • board: refers to an economic improvement board established under section 11 of this chapter. See Indiana Code 36-7-22-2
  • board: refers to the board of directors of the authority. See Indiana Code 36-7-23-2
  • board: refers to the board of directors of an authority. See Indiana Code 36-7-24-2
  • board: refers to the state board of finance created in Indiana Code 36-7-26-5
  • board: refers to the local environmental response financing board established by section 10 of this chapter. See Indiana Code 36-7-29-2
  • board of public works: refers to the board of public works of the consolidated city. See Indiana Code 36-7-15.6-3
  • bonds: means bonds, notes, or other evidence of indebtedness issued by the authority. See Indiana Code 36-7-14.5-4
  • bonds: means bonds, notes, or other evidence of indebtedness issued by the authority. See Indiana Code 36-7-15.3-4
  • bonds: means bonds, notes, evidences of indebtedness, or other obligations issued by the reuse authority in the name of the unit. See Indiana Code 36-7-30-1
  • budget agency: means the budget agency established by IC 4-12-1. See Indiana Code 36-7-31-2
  • budget committee: has the meaning set forth in IC 4-12-1-3. See Indiana Code 36-7-31-3
  • business incubator: means real and personal property that:

    Indiana Code 36-7-32-5

  • capital improvement board: refers to the capital improvement board of managers established by IC 36-10-9-3. See Indiana Code 36-7-31-4
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • commission: refers to a redevelopment commission established under IC 36-7-14 or a military base reuse authority established under IC 36-7-30 and located outside the boundaries of a county with a consolidated city. See Indiana Code 36-7-14.5-5
  • commission: has the meaning set forth in Indiana Code 36-7-15.2-3
  • commission: refers to a redevelopment commission established under Indiana Code 36-7-15.3-5
  • commission: refers to the metropolitan development commission acting as the redevelopment commission of the city, subject to IC 36-3-4-23. See Indiana Code 36-7-15.5-2
  • commission: refers to the metropolitan development commission acting as the redevelopment commission of the consolidated city under Indiana Code 36-7-15.6-4
  • commission: refers to a redevelopment commission established under IC 36-7-14. See Indiana Code 36-7-26-6
  • commission: refers to the metropolitan development commission acting as the redevelopment commission of a consolidated city, subject to IC 36-3-4-23. See Indiana Code 36-7-27-3
  • commission: refers to the metropolitan development commission acting as the redevelopment commission of a consolidated city. See Indiana Code 36-7-31-5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • covered local income taxes: means the local income tax imposed on county taxpayers under Indiana Code 36-7-27-5
  • covered taxes: means the following:

    Indiana Code 36-7-31-6

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: refers to the department of metropolitan development of the city, subject to IC 36-3-4-23. See Indiana Code 36-7-15.5-3
  • department: refers to the department of state revenue. See Indiana Code 36-7-26-7
  • department: refers to the department of state revenue. See Indiana Code 36-7-27-6
  • department: refers to the department of state revenue. See Indiana Code 36-7-31-7
  • development authority: means a military base development authority established under section 8 of this chapter. See Indiana Code 36-7-30.5-4
  • Devise: To gift property by will.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • district: refers to a community revitalization enhancement district designated under section 10. See Indiana Code 36-7-13-1.6
  • district: refers to an economic development project district established under this chapter. See Indiana Code 36-7-15.2-4
  • district: refers to a flood control improvement district established under this chapter. See Indiana Code 36-7-15.6-5
  • district: refers to an economic development project district established under this chapter. See Indiana Code 36-7-26-8
  • district: refers to the special taxing district established by section 9 of this chapter. See Indiana Code 36-7-29-3
  • economic improvement project: means the following:

    Indiana Code 36-7-22-3

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • facility: refers to the following:

    Indiana Code 36-7-24-3

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • flood control works: includes the following:

    Indiana Code 36-7-15.6-6

  • fund: refers to the flood control improvement fund established under section 16 of this chapter. See Indiana Code 36-7-15.6-7
  • fund: refers to the sales tax increment financing fund established in section 23 of this chapter. See Indiana Code 36-7-26-9
  • fund: refers to an incremental income tax financing fund established under section 13 of this chapter. See Indiana Code 36-7-27-7
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • gross increment: means the aggregate amount of state gross retail and use taxes that are remitted under Indiana Code 36-7-26-10
  • gross retail base period amount: means :

    Indiana Code 36-7-13-2.4

  • gross retail base period amount: means the aggregate amount of state gross retail and use taxes remitted under Indiana Code 36-7-32-6
  • gross retail incremental amount: means the remainder of:

    Indiana Code 36-7-13-2.6

  • gross retail incremental amount: means the remainder of:

    Indiana Code 36-7-32-6.5

  • high technology activity: means one (1) or more of the following:

    Indiana Code 36-7-32-7

  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • Home: means a residential building containing no more than four (4) family dwelling units. See Indiana Code 36-7-16-2
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • improvement and maintenance project: refers to activities that are authorized by section 5 of this chapter to be carried out within or in support of an improvement and maintenance district. See Indiana Code 36-7-15.5-4
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • income tax base period amount: means :

    Indiana Code 36-7-13-3.2

  • income tax base period amount: means the aggregate amount of the following taxes paid by employees employed in the territory comprising a certified technology park with respect to wages and salary earned for work in the certified technology park for the state fiscal year that precedes the date on which the certified technology park was designated under section 11 of this chapter:

    Indiana Code 36-7-32-8

  • income tax incremental amount: means the remainder of:

    Indiana Code 36-7-13-3.4

  • income tax incremental amount: means the following:

    Indiana Code 36-7-32-8.5

  • incremental income tax: means the remainder of:

    Indiana Code 36-7-27-8

  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • local public improvement: means any of the following:

    Indiana Code 36-7-14.5-6

  • local public improvement: means any redevelopment project or purpose of a commission or a unit under this chapter or Indiana Code 36-7-15.2-6
  • local public improvement: means any redevelopment project or purpose of a commission or a unit under Indiana Code 36-7-15.3-6
  • local public improvement: means any redevelopment project or purpose of a commission or any city under this chapter or IC 36-7-14. See Indiana Code 36-7-26-11
  • military base: means a United States government military base or other military installation that is scheduled for closing or is completely or partially inactive or closed. See Indiana Code 36-7-30-1
  • military base: means a United States government military base or other military installation that is:

    Indiana Code 36-7-30.5-5

  • military base property: means real and personal property that is currently or was formerly part of a military base and is subject to reuse. See Indiana Code 36-7-30-1
  • military base property: means real and personal property that is currently or was formerly part of a military base and is subject to development or reuse. See Indiana Code 36-7-30.5-6
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • municipal utility: means a utility that is owned by a municipality and provides at least one (1) of the following:

    Indiana Code 36-7-30-1

  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • net increment: means , for a particular state fiscal year, the product of:

    Indiana Code 36-7-26-12

  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Population: has the meaning set forth in Indiana Code 1-1-4-5
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probate: Proving a will
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • property taxes: means :

    Indiana Code 36-7-14.2-1

  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • public facilities: includes the following:

    Indiana Code 36-7-32-9

  • qualified economic development tax project: means a project that is expected to create, retain, or create and retain at least two thousand (2,000) jobs in the county. See Indiana Code 36-7-27-9
  • qualified site: means a site that is wholly or partially located in the district and on July 1, 1994, is:

    Indiana Code 36-7-29-4

  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
  • rehabilitation loan: refers to a rehabilitation loan (as defined in Indiana Code 36-7-17.1-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • remedial action: has the meaning set forth in IC 13-11-2-185. See Indiana Code 36-7-29-5
  • remonstrance: refers to a written remonstrance delivered to a commission in accordance with section 12 of this chapter. See Indiana Code 36-7-15.2-7
  • removal: has the meaning set forth in IC 13-11-2-187. See Indiana Code 36-7-29-6
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • responsible person: has the meaning set forth in IC 13-11-2-192(b). See Indiana Code 36-7-29-7
  • reuse authority: means a military base reuse authority established under section 3 of this chapter. See Indiana Code 36-7-30-1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • special flood hazard property: means property that on January 1, 2018, is situated in a special flood hazard area as designated by the Federal Emergency Management Agency in which the mandatory purchase of flood insurance may apply. See Indiana Code 36-7-15.6-8
  • state and local income taxes: means taxes imposed under any of the following:

    Indiana Code 36-7-13-3.8

  • Statute: A law passed by a legislature.
  • substance: has the meaning set forth in IC 13-11-2-98 for the term "hazardous substance". See Indiana Code 36-7-29-8
  • task force: refers to the Indiana defense task force established by Indiana Code 36-7-30.5-6.5
  • tax area: means a geographic area established by a commission under section 11 of this chapter in which a qualified economic development tax project is located. See Indiana Code 36-7-27-10
  • tax area: means a geographic area established by a commission as a professional sports development area under section 14 of this chapter. See Indiana Code 36-7-31-8
  • taxpayer: means a person that is liable for a covered tax. See Indiana Code 36-7-31-9
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5