PART IX — SPECIAL PROCEEDINGS AND ENFORCEMENT
Rule 76. Trial of impeachment
Constitutional character
The Senate alone orders impeachment, and the Supreme Court alone tries and decides it, under article VI, sections III through V of the Ridgeway Constitution. This Rule governs procedure only. It does not define maladministration, enlarge the class of impeachable officers, reduce a constitutional vote, or authorize a judgment beyond removal and disqualification.
Commencement
The Senate initiates a trial by transmitting to the Clerk:
certified articles of impeachment, separately numbered;
the Senate journal or certificate showing approval by two-thirds of the Senate’s members;
the identity and last known service information of the respondent officer;
the resolution appointing Senate managers and identifying their lead counsel or spokesperson;
the evidence, exhibits, and witness information then relied upon; and
any Senate rule or order governing the managers’ authority.
The Clerk must open a special matter without requiring a fictitious originating case, use the caption required by Rule 26(e), and place nonconfidential initiation materials on the public register.
Service and appearance
The Clerk must issue a summons attaching the articles and an initial scheduling order. The Marshal must serve them on the respondent under Rule 31. The respondent may appear through counsel and must file an answer within seven days after service unless the Court fixes another period. The answer must admit, deny, or state insufficient knowledge as to each material allegation and identify each legal objection. Failure to answer does not establish guilt or permit a default conviction.
Court and oath
Rule 10 governs quorum. Before participating, each Justice must take on the public record the oath or affirmation required by article VI, section V. A Justice who is the respondent, a material witness, or otherwise disqualified must not participate. If disqualification leaves no quorum, the Court must report that constitutional impediment and may not create a substitute tribunal without authority of law.
Presiding Justice
The Chief Justice presides unless disqualified, in which event the eligible Associate Justice next in lawful precedence presides. The presiding Justice administers the trial but has no power to decide an article or sanction without the constitutional vote.
Preliminary conference and orders
The Court must promptly hold a public preliminary conference to address:
jurisdiction and facial sufficiency of the articles;
counsel and service;
uncontested facts and issues;
the exchange and authentication of evidence;
witnesses, subpoenas, and hearing method;
classified, privileged, or protected material;
motions and the trial schedule; and
public access, recording, and an official transcript.
The Court may require a more definite statement but may not amend an article for the Senate or try misconduct not fairly charged.
Rights and responsibilities
The Senate managers present the articles. The respondent has the right to:
reasonable notice of each charge and the evidence;
counsel;
be present through an authorized Court venue;
present admissible evidence;
confront and question adverse witnesses;
compulsory process to the extent supplied by law;
decline to testify without that silence being treated as proof; and
make opening and closing submissions.
The respondent and managers must receive equal access to filed material, subject to a lawful protective order.
Evidence and burden
The Ridgeway Rules of Evidence govern so far as consistent with the constitutional nature of impeachment and a specific Court order. The Senate managers bear the burden of proving the charged maladministration by clear and convincing evidence. No article may be sustained by inference from office, resignation, default, silence, or platform status alone.
Vote on each article
After closing submissions, the eligible Justices deliberate under Rule 70 and return to public session. Each participating Justice must vote guilty or not guilty on each article. Conviction on an article requires concurrence of two-thirds of the members present. An abstention is not an affirmative vote. The Clerk must record the vote of each participating Justice.
Judgment
If no article receives the required vote, the Court enters judgment of acquittal. If an article receives the required vote:
the Court enters a judgment of conviction and removal from any office then held by virtue of the impeached appointment or election; and
the Court may, by a separate vote meeting the same two-thirds threshold, disqualify the respondent from holding or enjoying an office of honor, profit, or trust under the State.
The judgment may not impose a fine, imprisonment, forfeiture, professional discipline, or criminal punishment. It does not bar later indictment, trial, judgment, or punishment according to law.
Change in Senate or office
A change in Senate membership, manager, administration, or the respondent’s resignation does not by itself terminate a constitutionally ordered impeachment. The Court may require confirmation of current managerial authority. Dismissal on the Senate’s request requires a certified Senate act sufficient under the Constitution and Senate rules.
Rehearing and finality
A motion asserting a clerical error, vote-recording error, or jurisdictional defect must be filed within three days after entry of judgment. Rule 74 does not authorize merits rehearing of an impeachment judgment, and no postjudgment motion may reduce or alter the constitutional voting requirement. The Clerk must promptly publish and transmit the final judgment to the Senate, Governor, Secretary of State, and any office responsible for implementing it.