House Speaker Jeremy Gillam put forward a blueprint Tuesday for how the chamber would go about filing articles of impeachment, as lawmakers continue to consider using such powers against a Pulaski County judge.
The proposed rules are long overdue, Gillam said, regardless of the current impeachment discussions. The House, despite having such authority for more than 140 years, has never impeached an official.
The Arkansas Constitution, adopted in 1874, simply states the House "shall have the sole power of impeachment." If the lower chamber votes for impeachment, the Senate conducts a trial and renders judgment.
Gillam, a Republican from Judsonia, said he wants to use his party's interest in booting Pulaski County Circuit Judge Wendell Griffen as a chance to give greater clarity to the century-old law.
His two-page set of proposed rules, officially House Resolution 1001, is not an indication that articles of impeachment are imminent, Gillam said Tuesday.
Griffen drew the ire of legislative Republicans last month for his anti-death penalty protest staged in front of the Governor's Mansion, the same day he wrote an order to halt a series of planned executions.
A few lawmakers -- home during a monthlong break in their legislative duties -- lashed out at Griffen over social media, criticizing his advocacy. Sen. Trent Garner, R-El Dorado, said upon returning to Little Rock this week the House should seek articles of impeachment.
Others have cautioned of the need to wait. The Arkansas Supreme Court, in addition to overturning Griffen's ruling, barred him from hearing more issues related to the death penalty, and referred his actions to the Judicial Discipline and Disability Commission, which has opened an investigation.
A handful of members of the House Judiciary Committee interviewed Tuesday reiterated what colleagues said Monday -- they are inclined to wait and see what the commission does.
Gillam said he would allow the membership to decide whether to impeach Griffen. Any action, he said, would require first passing rules.
The House Rules Committee, made up of members appointed by Gillam, approved his resolution without dissent shortly after it was presented to them Tuesday afternoon.
The full House will consider the rules today, Gillam said.
Questions about the proceedings have come up before as lawmakers threatened to start the impeachment process, only to again be sidelined.
Gillam's predecessor as House speaker, then-Rep. Davy Carter, R-Cabot, proposed creating a committee to develop rules in 2014, as lawmakers appeared ready to move forward with impeaching then-Lt. Gov. Mark Darr for ethics violations. A few days later, Darr resigned, and no one was ever appointed to such a committee.
"This is basically us just putting in place something that needs to be in place, period," Gillam said.
Under Gillam's rules, the process would start if a resolution containing the articles of impeachment were filed with more than 34 members as co-sponsors. Gillam said he chose that number because it is just more than one-third of the 100-member House.
Before the full House considered impeachment, the speaker would assign the resolution to a committee of his choosing to "investigate" and make a recommendation to the full body.
After receiving the committee's report, as well as a possible dissenting report, House lawmakers would have at least three days to review the case before voting. With a simple majority of 51 members, the chamber could adopt the impeachment resolution.
Talks with Alabama lawmakers -- who recently adopted their own impeachment rules before Gov. Robert Bentley resigned -- served as a guide, Gillam said Tuesday. So did looking at the process in other states and Congress, he said.
Like Congress, Arkansas requires a two-thirds majority by the Senate to remove an impeached official.
A Section on 05/03/2017