5-5-413. Suspension pending trial -- filling vacancy. (1) Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, such officer is temporarily suspended from his office and cannot act in his official capacity until he is acquitted.
     (2) Upon such suspension of any officer other than the governor, his 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 his removal, until the vacancy is filled at the next election as required by law.

     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.