Montana Statutes
§ 5-5-413 — Suspension Pending Trial -- Filling Vacancy
5-5-413 . Suspension pending trial -- filling vacancy.
(1)Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, the officer is temporarily suspended from office and cannot act in an official capacity until the officer is acquitted.
(2)Upon suspension of any officer other than the governor, the office must be at once temporarily filled by an appointment made by the governor, with the advice and consent of the senate. The term of the appointment is until the acquittal of the party impeached or, in case of the party's removal, until the vacancy is filled at the next election as required by law.
Free access — add to your briefcase to read the full text and ask questions with AI
Montana § 5-5-413 (Suspension Pending Trial -- Filling Vacancy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
En. Sec. 1516, Pen. C. 1895; re-en. Sec. 8988, Rev. C. 1907; re-en. Sec. 11684, R.C.M. 1921; Cal. Pen. C. Sec. 751; re-en. Sec. 11684, R.C.M. 1935; Sec. 94-5417, R.C.M. 1947; redes. 95-2817 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2817; amd. Sec. 236, Ch. 61, L. 2007.
Nearby Sections
15
§ 5-5-101
Renumbered 5-5-107§ 5-5-102
Renumbered 5-5-108§ 5-5-103
Renumbered 5-5-109§ 5-5-104
Renumbered 5-5-111§ 5-5-105
Renumbered 5-5-112§ 5-5-107
Subpoenas -- Witnesses -- Records§ 5-5-108
Service Of Subpoenas§ 5-5-109
Contempt -- Misdemeanor§ 5-5-110
Terminated§ 5-5-111
Compelling Attendance§ 5-5-112
Immunity Of Witness§ 5-5-201
Power To Administer Oaths§ 5-5-202
Interim Committees