§ 44-09-08 — Impeachment suspends officer

No officer may exercise the duties of that office after the officer has been impeached and
before acquittal. Whenever upon the impeachment of an officer there is no one authorized by
law to perform the duties of the office and the senate shall by resolution declare that the public
service may suffer by reason thereof, the governor shall designate some suitable person to
perform the duties of the office until the end of the trial upon the articles of impeachment. The
person so designated shall receive the same salary, fees, and emoluments as such officer
would receive if not impeached. If the accused is acquitted, the accused must be restored
immediately to the office but if convicted, the office must be deemed vacant and must be filled
immediately as provided by law.