{ "id": "R41172", "type": "CRS Report", "typeId": "REPORTS", "number": "R41172", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 402147, "date": "2011-03-21", "retrieved": "2016-04-07T01:01:41.791751", "title": "The Role of the Senate in Judicial Impeachment Proceedings: Procedure, Practice, and Data", "summary": "During the 111th Congress, for the first time in over 30 years, the House of Representatives was confronted with the task of investigating and impeaching not one, but two, federal judges. After the House fulfilled its constitutional responsibility as the chamber with the \u201csole Power of Impeachment,\u201d the Senate was faced with executing its constitutional responsibility to \u201ctry all Impeachments.\u201d One of these judges, Samuel B. Kent of the Southern District of Texas, resigned before the Senate could complete his trial. The second, Judge G. Thomas Porteous, Jr., of the Eastern District of Louisiana, chose to contest his impeachment before the Senate. Despite the gravity of this responsibility, the Senate receives little constitutional guidance on how these trials should be conducted. Procedure in the Senate is primarily governed by the special rules established for impeachment trials, precedents established by previous impeachment trials, and existing Senate procedure.\nImpeachment trials in the Senate are rare, in that only 12 impeachment trials have been completed over the 222-year history of the Senate, while three others terminated before a determination on the merits of the case due to the resignation of the judges in question. Impeachment trials are also unique, in that each trial presents a wholly complex and individual set of facts and circumstances for the Senate\u2019s consideration. Thus, although this report may provide guidance as to the general structure of the process, each trial presents new procedural, factual, and evidentiary questions that must be resolved by either the full Senate, acting as a Court of Impeachment, or an impeachment trial committee charged with building a record and reporting it to the full Senate.\nThis report examines the history, practice, and procedures of the Senate in fulfilling its constitutional obligation to try and to vote whether to convict and impose judgment upon judges impeached by the House of Representatives. The first section presents an overview of the impeachment process, including observations on parallels and contrasts between this institutional mechanism and the more familiar criminal judicial process. The second section discusses the rules used by the Senate to structure its proceedings. The third section describes the role of the Senate\u2019s Presiding Officer. The fourth section examines the use of Rule XI committees, otherwise known as impeachment trial committees. Special attention is given to the procedures of the committee during various stages of its proceedings. The fifth and sixth sections address deliberation and judgment by the full Senate, respectively. The seventh section provides a discussion of the length of Senate impeachment trials, examining in particular whether the use of impeachment trial committees have affected the length of Senate trials. The eighth and final section provides some concluding observations on Senate impeachment proceedings against judges.\nThis report will be updated as events warrant.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41172", "sha1": "6dc9cdb4de23217015287cf3e904c6e207d6d3e7", "filename": "files/20110321_R41172_6dc9cdb4de23217015287cf3e904c6e207d6d3e7.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41172", "sha1": "d6d63a0358db08eead360fb453584849ec19f1db", "filename": "files/20110321_R41172_d6d63a0358db08eead360fb453584849ec19f1db.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc503503/", "id": "R41172_2010Apr09", "date": "2010-04-09", "retrieved": "2015-04-30T17:37:21", "title": "The Role of the Senate in Judicial Impeachment Proceedings: Procedure, Practice, and Data", "summary": "This report examines the history, practice, and procedures of the Senate in fulfilling its constitutional obligation to try and to vote whether to convict and impose judgment upon judges impeached by the House of Representatives. It includes an overview of the process, and sections that discuss rules governing Senate impeachment proceedings, organizing the Senate for trial, the role of the Presiding Officer, the use of an impeachment trial committee, deliberation and judgment by the full senate, length of Senate impeachment trials, and concluding observations.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20100409_R41172_0466b4e4f8bc35f3d02f3e10f5dbd652e5a48b66.pdf" }, { "format": "HTML", "filename": "files/20100409_R41172_0466b4e4f8bc35f3d02f3e10f5dbd652e5a48b66.html" } ], "topics": [ { "source": "LIV", "id": "Impeachments", "name": "Impeachments" }, { "source": "LIV", "id": "Removal of officials", "name": "Removal of officials" }, { "source": "LIV", "id": "Judges", "name": "Judges" }, { "source": "LIV", "id": "Politics and government", "name": "Politics and government" }, { "source": "LIV", "id": "Congress", "name": "Congress" } ] } ], "topics": [ "Constitutional Questions", "Foreign Affairs", "Legislative Process" ] }