By: Birdwell, et al. S.R. No. 35
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, That the
following Rules of Impeachment govern in the Impeachment Trial of
Warren Kenneth Paxton Jr., Attorney General of the State of
Texas:
Rule 1.
Court of Impeachment. At 9:00 a.m., on September 5, 2023, or at
the discretion of the presiding officer of the Senate, the Senate
of the State of Texas shall meet to receive the appearance or plea
and commence the trial of Warren Kenneth Paxton, Jr., Attorney
General of the State of Texas, against whom articles of
impeachment have been preferred by the House of Representatives
of the State of Texas.
Rule 2.
Court and Court Officers. The Senate of the State of Texas sits as
the court of impeachment. The members of the Senate serve as the
members of the court. The President of the Senate, or a member of
the Senate designated by the President, serves as the presiding
officer of the court. In addition, the President of the Senate
may appoint a jurist who shall not run for election in the 2024
election cycle to serve as the presiding officer of the court.
The Sergeant at Arms of the Senate serves as bailiff of the court.
The Secretary of the Senate serves as clerk of the court. The
President of the Senate may appoint additional officers of the
court as he deems necessary.
Rule 3.
Parties and Appearance. Warren Kenneth Paxton, Jr., and the House
Board of Managers are the parties to the trial of impeachment.
The parties and their counsel shall be admitted to appear and be
heard on the impeachment. The parties and their counsel have
access to the floor of the Senate at all times and are to be
provided seats on the floor of the Senate, except when the court
of impeachment is in closed session. The appearance of the
parties and their counsel is to be indicated in the record of the
proceedings for each session of the impeachment trial. The
bailiff shall maintain a daily register of all persons admitted
to the floor of the Senate, except for members of the court,
officers of the court, the presiding officer, legal counsel for
the presiding officer, and staff of members of the court.
Rule 4.
Proceeding Records.
(a) The clerk of the court shall ensure that the court has the
court reporters necessary to transcribe the court's proceedings.
The parties may also have their own court reporter to transcribe
the proceedings, at their own expense.
(b) A copy of all written documents submitted into evidence
during the impeachment trial shall be shared with members of the
court.
Rule 5.
(a) Commencement of the Trial. The Senate, having resolved itself
into a court of impeachment, shall proceed to the consideration
of Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XV, XVI,
XVII, XVIII, XIX, and XX. Articles XI, XII, XIII, and XIV shall be
held in abeyance. The clerk of the court shall read the articles
of impeachment and the presiding officer shall ask Warren Kenneth
Paxton, Jr., or his counsel, how he plead on each article. Warren
Kenneth Paxton, Jr., shall in-person or by counsel appear in the
court and plead guilty or not guilty to the articles of
impeachment preferred against him. The plead shall be recorded
with the clerk of the court of impeachment. If Warren Kenneth
Paxton, Jr., fails to appear in-person or by counsel, or in
appearing, fails to plead to the articles of impeachment, the
trial shall proceed as on a plea of not guilty.
(b) Action on Pleadings. Any motion, that if wholly or partially
granted, would result in dismissal of any article or articles of
impeachment shall be submitted to a vote of the majority of the
members present and eligible to serve as jurors without debate or
comment, after members of the court consider all written motions
and answers by the parties and the report of recommendations
prepared by the Senate Special Committee on Rules & Procedures
for Court of Impeachment.
All other pre-trial motions shall be ruled on by the presiding
officer of the court considering all written motions and answers
by the parties and the report of recommendations prepared by the
Senate Special Committee on Rules & Procedures for Court of
Impeachment previously submitted under Rule 15, without debate
or comment. The presiding officer of the court shall rule on each
such motion, or at his or her option, shall submit the question to
a vote of the majority of the members present and eligible to
serve as jurors.
(c) Order of Proceeding and Trial. The trial shall begin promptly
after rulings and votes on all pre-trial motions. Time
limitations as provided in Rule 17 shall be monitored by the
clerk of the court during all the proceedings of the court. The
House Board of Managers may provide an opening statement. Warren
Kenneth Paxton, Jr., or his counsel may make an opening statement
afterwards or reserve the right to make an opening statement at
the beginning of his case. The House Board of Managers or their
counsel may then begin the presentation of evidence.
Cross-examination of witnesses is permitted. Upon conclusion of
the evidence on the part of the House Board of Managers or their
counsel, Warren Kenneth Paxton, Jr., or his counsel may make an
opening statement if they have not already done so. Warren
Kenneth Paxton, Jr., or his counsel may begin the presentation of
evidence. Cross-examination is permitted. Rebuttal evidence may
be presented by both parties. Upon the completion of all
evidence, closing arguments shall be heard. The House Board of
Managers having the burden of proof, has a right to open and close
the final arguments. Following final arguments, members of the
court shall begin deliberation.
(d) Examination of Witnesses. All witnesses and evidence shall be
examined only by the House Board of Managers or counsel to the
parties.
(e) Witness Lists. A list of all witnesses, if any, who are to be
called to testify in their case in chief at trial by a party,
including the status of their subpoenas, are to be filed with the
clerk of the court by August 22, 2023, or a date set by the
presiding officer of the Senate. Copies of such lists shall be
provided to the opposing party, members of the court, the
presiding officer of the court, and legal counsel of the
presiding officer of the court but are otherwise confidential.
Rule 6.
Authority of the Court. The presiding officer of the court has the
power to compel the attendance of witnesses, to enforce obedience
to its orders, mandates, writs, process, and judgments, to
preserve order, and to punish for contempt to the same extent as
district courts in the State of Texas or as provided in Section
III, Article 15, of the Texas Constitution, and to make all
lawful orders, rules and regulations which it may deem essential
or conducive to the ends of justice. The bailiff, under the
direction of the presiding officer thereof, may employ licensed
Texas peace officers to aid and assist as may be necessary to
enforce, execute, and carry into effect the lawful orders,
mandates, writs, and process sitting as a court of impeachment.
All effort shall be taken to ensure the timely production of
subpoenaed writings or other items. All subpoenas issued
requesting documents, writings, or other items shall be
responded to within seven days of receipt of service.
Rule 7.
Suspension or Amendment of the Rules. These rules of impeachment
govern during the trial of this impeachment proceeding. The rules
may be suspended on the vote of two-thirds of the members of the
court present and eligible to serve as jurors, the yeas and nays
of the vote entered in the record. The rules may be amended on
the vote of two-thirds of the members of the court present and
eligible to serve as jurors, the yeas and nays of the vote entered
in the record, after written notice of the proposed amendment has
been given in the open court for a period of at least twenty-four
hours.
Rule 8.
Closed Court Deliberation. The sessions of the court of
impeachment are to be open. Deliberations of the court are to be
closed. The court may meet in closed session, but no formal
action may be taken in a closed session. Deliberations may not
occur until conclusion of all final arguments. Only members of
the court are permitted in deliberations. Any vote shall be in
open court without debate or comment. After final judgment, a
member of the court may provide a written statement on their vote
within seventy-two hours to the clerk of the court which would
become a part of the official record and entered into the
journal.
Rule 9.
(a) News Media. In order for the public to be properly informed,
representatives of the news media are to be provided space in the
Senate gallery and are to be allowed to cover the proceedings of
the Senate of the State of Texas sitting as a court of impeachment
when the court is in open session. Interviews, press conferences,
and other contacts between representatives of the news media and
members of the court, officers of the court, members of the House
of Representatives, counsel, witnesses, or parties may not be
conducted in the Senate Chamber, the Lt. Governor's reception
room, the member's lounge, the back hall of the Senate Chamber,
and the corridors and rooms within the prescribed area while the
court is in session. Two stationary pool cameras shall be allowed
in the Senate Chamber to ensure clear visual and audio
availability to the news media.
(b) Public Access. The bailiff shall organize a method by which
as many members of the public as possible have access to the
Senate gallery while the court is in open session by rotating
members of the public through the gallery seats in an orderly
fashion at certain time intervals. To ensure remote public
access, the court shall livestream the court proceedings, except
when the court is in a closed session.
Rule 10.
(a) Gag Order. A gag order that meets state and federal law
standards shall be issued by the presiding officer of the court
as soon as practicable after adoption of the rules for the court
of impeachment.
(b) Communication Rules. No members of the court, staff of
members of the court, presiding officer of the court, and legal
counsel of the presiding officer shall discuss or comment on any
matter relating to the merits of the proceedings before the court
of impeachment with Warren Kenneth Paxton, Jr., and his counsel,
the House Board of Managers and their counsel, or any persons
other than members of the court, the presiding officer of the
court, legal counsel to the presiding officer, or staff or legal
counsel to members of the court.
(c) Advocating a Position. No member of the court or the presiding
officer of the court shall advocate a position on the merits of
the proceedings to other members of the court or the presiding
officer of the court, until such time as deliberations shall
begin.
Rule 11.
Call of the Senate and Privileges of the Senate Floor.
(a) The court shall proceed as a court of impeachment as though
under a call of the Senate. While the court is in session, all
members of the court shall be in attendance in accordance with
the Texas Constitution and Section 665.026 of the Texas
Government Code.
(b) All members of the House Board of Managers shall be in
attendance on the Senate floor when the court of impeachment is
in open session.
(c) Members of the court, and their staff and legal counsel, and
members of the House Board of Managers may not utilize a wireless
mobile device while the court of impeachment is in session on the
Senate floor unless necessary for hearing assistance or
accessing electronic documents submitted into evidence.
(d) Each member of the court is entitled to one staff member on
the Senate floor outside of the rail while the court is in open
session. The presiding officer may have legal counsel on the
Senate floor while the court is in open session.
(e) Members of the court are allowed legal materials, court
transcripts and documents, and personal materials on the Senate
floor at their desk. Members of the court, and their staff and
legal counsel, and members of the House Board of Managers may
utilize electronic equipment on the Senate floor while the court
of impeachment is in session that does not have wireless
communication capabilities or where those wireless communication
capabilities are disabled. Members of the court may access
electronic documents submitted into evidence utilizing any
electronic device. Members of the court may keep a drinking
container with water on the Senate floor at their desk while the
court is in session.
(f) Members of the court may take brief personal breaks to the
member's lounge, where the proceedings will be broadcasted,
while the court is in session.
(g) As necessary when a witness is not testifying, members of the
court may move about the Senate floor while the court is in open
session to confer with staff and legal counsel, the presiding
officer, legal counsel to the presiding officer, or other members
of the court while maintaining strict decorum.
(h) Former members of the Texas Senate, members of the House of
Representatives that are not members of the House Board of
Managers, family privileges, and other guest floor privileges
are suspended during the proceedings of the court of impeachment.
Rule 12.
New Articles of Impeachment. The House of Representatives shall
not present to the Senate of the State of Texas any additional
articles of impeachment to those already presented prior to
thirty days within the commencement of the court of impeachment
trial. Any additional articles of impeachment to those already
presented brought within thirty days of commencement of the court
of impeachment trial shall be held in abeyance. If any additional
articles of impeachment to those already presented are received
by the Senate of the State of Texas in compliance with Rule 12, no
additional time shall be granted to the parties in accordance
with the time limitations stated in Rule 17.
Rule 13.
Authority and Duties of the Presiding Officer.
(a) The presiding officer of the court shall have power to make
and to issue, by himself or herself or by the clerk of the court,
all orders, mandates, writs, and process authorized by these
rules or by the court, and to make and to enforce such regulations
and orders in the Senate as the court may authorize or provide.
(b) All questions of evidence, including questions of relevancy,
materiality, or repetition of evidence, and all incidental
questions, shall be decided observing the established Texas
Rules of Evidence as nearly as applicable, as deemed necessary to
promote a timely and fair resolution of the articles of
impeachment. The presiding officer of the court shall rule on
each question, or at his or her option, shall submit the question
to a vote of the majority of the members present and eligible to
serve as jurors without debate or comment.
Rule 14.
(a) Legal Counsel for the Presiding Officer. In addition to legal
staff currently employed by the presiding officer of the Senate,
the presiding officer may select legal counsel licensed in the
State of Texas who is not a registered lobbyist in this State.
Legal counsel for the presiding officer may consult on matters
related to all rulings, orders, mandates, writs, questions of
evidence, and processes authorized by the rules of the court of
impeachment. The legal counsel selected must be knowledgeable
about the Texas Rules of Evidence.
(b) Legal Counsel for the Members of the Court. In addition to
legal staff currently employed by members of the court, the Texas
Senate Caucus may select legal counsel licensed in the State of
Texas who is not a registered lobbyist in this State.
Rule 15.
Motions of the Parties.
(a) All pre-trial motions made by the parties, or their counsel,
other than those referred to in Rule 13(b), are to be submitted in
writing to the clerk of the court and addressed to the presiding
officer no later than August 5, 2023. All answers shall be filed
by the opposing party no later than August 15, 2023. The clerk of
the court shall prepare copies of all motions and answers and
distribute to members of the court by August 16, 2023. The Senate
Special Committee on Rules & Procedures for Court of Impeachment
shall review all pre-trial motions and answers and shall prepare
a report with recommendations for each motion no later than
August 28, 2023. The Senate Special Committee on Rules &
Procedures for Court of Impeachment shall provide written copies
of the report to members of the court by August 29, 2023. The
reports of the Senate Special Committee on Rules & Procedures for
Court of Impeachment are otherwise confidential.
(b) Except for motions that if granted could result in the
dismissal of any article or articles of impeachment, the rulings
shall be made by the presiding officer of the Senate sitting as
the presiding officer of the court of impeachment at the
commencement of the trial prior to opening statements. The
presiding officer may, at his or her option, submit the question
on any motion to a vote of the majority of members of the court
present and eligible to serve as jurors without debate or
comment. If the granting of a motion could result in the
dismissal of any article or articles of impeachment, it shall be
submitted prior to the beginning of an opening statement to a
vote of the majority of the members present and eligible to serve
as jurors without debate or comment, after members of the court
consider all written motions and answers by the parties and the
report of recommendations prepared by the Senate Special
Committee on Rules & Procedures for Court of Impeachment.
(c) If necessary, the presiding officer may defer the ruling on a
motion until the conclusion of all evidence, if it is deemed any
evidence is necessary for a ruling on the motion. If the motion is
deferred, the presiding officer of the Senate, sitting as the
presiding officer of the court, shall rule on the motion at the
conclusion of all evidence, or at his option, after the
conclusion of all evidence, submit the question to a vote of a
majority of the members of the court present and eligible to
serve as jurors without debate or comment. If the granting of a
motion could result in the dismissal of any article or articles
of impeachment, it shall be submitted to a vote of the majority of
the members present and eligible to serve as jurors without
debate or comment, after members of the court consider all
written motions and answers by the parties and the report of
recommendations prepared by the Senate Special Committee on
Rules & Procedures for Court of Impeachment. A majority of the
members of the court present and eligible to serve as jurors may
defer the ruling on a motion until the conclusion of all
evidence, if it is deemed any evidence is necessary for a ruling
on the motion.
(d) All other motions that may be filed during the course of the
trial, other than those referred to in Rule 13(b) shall be filed
in writing and presented to the presiding officer of the court.
The presiding officer of the court shall rule on each question,
or at his or her option, shall submit the question to a vote of
the majority of the members present and eligible to serve as
jurors without debate or comment. If the granting of a motion
could result in the dismissal of any article or articles of
impeachment, it shall be submitted to a vote of the majority of
the members present and eligible to serve as jurors without
debate or comment, after members of the court consider all
written motions and answers by the parties and the report of
recommendations prepared by the Senate Special Committee on
Rules & Procedures for Court of Impeachment.
(e) The above dates in Rule 15 are subject to change at the
discretion of the presiding officer of the Senate, if the start
date of the trial is amended.
(f) All motions and answers shall be submitted to the clerk of
the court and must be created in 12-point, Times New Roman font,
double-spaced, and on letter size paper. All motions and answers
submitted must maintain a minimum one-inch margin on all sides.
All motions and answers submitted shall not exceed ten pages in
length.
Rule 16.
Decisions of Court. Except as provided otherwise in these rules,
all questions to the court are to be decided on the vote of a
majority of the members present and eligible to serve as jurors
without debate or comment.
Rule 17.
Time Limitations. It is the intent of the Senate of the State of
Texas to conduct a fair and respectful trial. The Senate will not
tolerate unnecessary delays, outbursts, or side-bar remarks. The
decorum rules of the Senate Chamber will be respected at all
times. Prolonged, repetitive, or unnecessary questioning or
posturing will not be allowed. The presiding officer will
strictly and routinely enforce Rule 611 in the Texas Rules of
Evidence. The presiding officer shall exercise reasonable
control over the time, mode, and order of the examination of
witnesses and the presentation of evidence so as to:
(1) make those procedures effective for determining the
truth;
(2) avoid wasting time; and
(3) protect witnesses from harassment or undue
embarrassment.
To that end, the following time limits and rules are to be in
effect for the court of impeachment, subject to extension by the
presiding officer of the court in the interest of justice:
(1) Opening statements: 60 minutes per side;
(2) Total hours for presentation of evidence: 24 hours for
each party;
(3) Cross-examination of witnesses shall be closely
monitored for violations of Rule 611 in the Texas Rules of
Evidence;
(4) Only one person per side can question a witness and
only one person per side may cross-examine a witness;
(5) Rebuttal evidence: 60 minutes per side;
(6) Final argument: 60 minutes per side; and
(7) If there is a conviction: 15 minutes per side on the
issue of disqualification to hold future office.
Rule 18.
Preparations and Proceedings. The presiding officer of the Senate
shall direct all necessary preparations in the Senate Chamber,
and the presiding officer of the court, shall direct all forms of
proceedings, and all forms during the trial of impeachment not
otherwise provided for.
Rule 19.
Administration of Oaths.
(a) The following oath is to be administered by the chief justice
of the Supreme Court of Texas or the presiding judge of the
Criminal Court of Appeals of Texas to the presiding officer of
the court:
"I do solemnly swear or affirm that I will impartially try Warren
Kenneth Paxton, Jr., Attorney General of Texas, upon the
impeachment charges submitted by the House of Representatives,
so help me God."
(b) The following oath is to be administered by the presiding
officer of the court to each member of the Senate that is eligible
to serve as a juror of the court:
"I do solemnly swear or affirm that I will impartially try Warren
Kenneth Paxton, Jr., Attorney General of Texas, upon the
impeachment charges submitted to me by the House of
Representatives and a true verdict render according to the law,
and the evidence, so help me God."
(c) The following oath is to be administered by the presiding
officer, or the clerk of the court at the direction of the
presiding officer, to each person employed by the court to
interpret or translate for a witness appearing in the impeachment
proceedings:
"I do solemnly swear or affirm that I will correctly interpret
and translate for proceedings on the trial of Warren Kenneth
Paxton, Jr., on impeachment, so help me God."
(d) The following oath is to be administered by the presiding
officer, or the clerk of the court at the direction of the
presiding officer, to each person employed by the court to
transcribe or report the impeachment proceedings:
"I do solemnly swear or affirm that I will correctly transcribe
and report all of the proceedings on the trial of Warren Kenneth
Paxton, Jr., on impeachment, so help me God."
Rule 20.
Votes.
(a) No member of the court that is eligible to serve as a juror
may vote or have a vote recorded on any question unless present on
the Senate floor at the time such vote is taken. No member may be
paired or vote by proxy. All votes by members of the court shall
be a yea or nay.
(b) For any motion, that if wholly or partially granted, would
result in dismissal of any article or articles of impeachment,
the votes shall be taken in the following manner: Each member of
the court shall be provided a voting form and shall submit a
written vote on the motion to the clerk of the court to be entered
in the record. Immediately after collection of the written votes
by the bailiff, the clerk of the court shall randomly select one
written ballot at a time and call the member of the court's name
and the vote that the member of the court recorded. At the
conclusion of reading all members of the court's votes, the clerk
of the court shall announce the vote tally and then the presiding
officer shall poll the members of the court. As each member of the
court's name is called by the presiding officer, he or she shall
rise in his or her place and answer yea or nay.
Rule 21.
Witnesses.
(a) Each person appearing as a witness in the impeachment
proceeding shall be administered an oath. The presiding officer
of the court shall administer the following oath:
"I do solemnly swear or affirm that the evidence I give upon this
hearing by the Senate of Texas of impeachment charges against
Warren Kenneth Paxton, Jr., shall be the truth, the whole truth,
and nothing but the truth, so help me God."
(b) Witnesses may be examined by only one person on behalf of the
party calling them and cross-examined by only one person on
behalf of the other party.
(c) For purposes of this court of impeachment, witness
depositions shall not be taken by either party of any potential
witness. Evidence in the form of a deposition is not admissible,
unless the deposition was taken in a prior proceeding, is
authenticated, and is used solely for impeachment purposes under
Rule 613 of the Texas Rules of Evidence.
(d) No member of the court or the presiding officer of the court may
be called or volunteer as a witness unless the evidence to be
elicited is relevant, material, compelling, and not otherwise
provable. A party seeking to call a member of the court or the
presiding officer as a witness must provide notice as required
under Rule 5(e) unless the testimony is requested during the
rebuttal period, but in any event must prepare a written proffer of
evidence and testimony to be elicited. Such written proffer must
explain why the evidence is not otherwise provable. The presiding
officer shall rule on the request to call a member of the court. If
the proffer is for the presiding officer to be a witness, the Senate
Special Committee on Rules & Procedures for Court of Impeachment
shall prepare a report with recommendations that shall be presented
to members of the court. Upon review of the report, the question
shall be submitted to a vote of the majority of the members present
and eligible to serve as jurors without comment or debate.
(e) At any time, the parties, may by agreement proffer the
testimony of a member of the court or the presiding officer. Such
proffer is not admissible unless the member of the court or the
presiding officer who is the subject of the proffer, voluntarily
signs the proffer.
(f) A member of the court who is called as a witness, or whose
testimony is provided by proffer, is not subject to removal or
recusal from the court of impeachment by any party by virtue of
the fact that they are a witness.
(g) In preparation for trial, parties may contact potential
witnesses. If a potential witness voluntarily agrees, a party may
speak to a witness.
(h) If the presiding officer determines that a request by a party
under Rule 21(d) is frivolous, it shall subject the moving party
to contempt proceedings.
Rule 22.
Service of Subpoenas. The presiding officer is authorized on the
request of one of the parties or their counsel to issue subpoenas
compelling persons to attend or to produce writings or other items
before the court. Subpoenas shall be promptly served by the
bailiff, or licensed peace officers in the State of Texas on behalf
of the bailiff. Subpoenas are to be served in-person or by
certified or registered mail, but where it is impractical to secure
service in such manner, subpoenas may be served by leaving a true
copy at the usual place of business of the person to be served, by
delivering a true copy to anyone over sixteen years of age at the
person's usual place of residence, or in any other manner which will
be reasonably effective to give the person notice.
Rule 23.
Form of Subpoena.
SENATE OF TEXAS
COURT OF IMPEACHMENT
TO THE BAILIFF OF THE COURT OF IMPEACHMENT OR ANY PEACE OFFICER OF
THE STATE OF TEXAS
GREETING:
You are hereby commanded to summon
______________________________________________________________
_____________________________________________________________
to appear in person before the SENATE OF TEXAS sitting as a COURT
OF IMPEACHMENT which will meet at the SENATE CHAMBER in the
CAPITOL BUILDING in AUSTIN, TEXAS, on the ___ day of
_____________, 2023, at _____, then and there to testify and the
truth to speak on behalf of ______________________ in the cause
which is before the Court, in which the House of Representatives
has impeached Warren Kenneth Paxton, Jr., and there to remain
from day to day until discharged by the Court.
Said witness is further commanded to produce at the said time and
place the following books, papers, documents or other tangible
things as described below:
______________________________________________________________
________________________. Herein fail not, but have you this
writ in due time before the Court with your return thereon,
showing how you have executed the same. Issued and given under my
hand this ____ day of ______________, 2023.
________________________________
Dan Patrick
President of the Senate and
Presiding Officer of the Court of Impeachment
________________________________
Clerk of the Court
OFFICER'S RETURN ON SUBPOENA
Came to hand on the ___ day of __________, 2023, at _____, and
executed on the ___ day of ____________, 2023, at ______, by
delivering a true copy of this subpoena to
________________________________________________________________
________________________________________________________________
____________________________ the within named witness, at
______________________________________________________ in
____________ County, Texas.
____________________________
Bailiff or any Peace Officer of the State of Texas
Rule 24.
The Rule.
(a) Witnesses who are present at trial are to be sworn and placed in
the custody of the bailiff and removed from the Senate Chamber to a
place where they cannot hear the testimony of other witnesses. This
is termed placing witnesses under the Rule. If they are not reached
to testify on that day, they will be excused until the next court
date and shall be admonished on the Rule. All witnesses listed
under Rule 5(e), shall be instructed of Rule 24 prior to
commencement of the court of impeachment trial.
(b) Members of the court, the presiding officer of the court,
parties, and their counsel are excused from the Rule. The court by
vote of the majority of members present and eligible to serve as
jurors without debate or comment may excuse other witnesses from
the Rule.
(c) No witness under the Rule may be allowed to hear any testimony
of other witnesses.
(d) Witnesses under the Rule must be instructed by the presiding
officer that they are not to converse with each other or with any
other person, except counsel for the parties concerning the
proceedings before the court, and are not to read any report, watch
any livestream or broadcast of the proceedings, including news
reports or social media of, or comment on testimony before the
court. A witness violating such instructions may be punished for
contempt.
Rule 25.
Burden of Proof. The burden of proof is beyond a reasonable doubt
and is put upon the House Board of Managers who are entitled to open
and conclude the presentation of evidence and argument in the case.
Rule 26.
Orders and Decisions of the Court. All orders and decisions of the
court shall be made and had by yeas and nays, which shall be entered
on the record, and without debate or comment, except when the doors
shall be closed for deliberation.
Rule 27.
Court Deliberation After Final Argument. After conclusion of
argument, the court shall deliberate on the articles of
impeachment. The deliberation is in closed session. Before
deliberation commences, the presiding officer shall read the
following to members of the court:
"Sustaining an article of impeachment means that the impeached
officer is removed from office for the term the officer was last
elected. You are instructed that the rules adopted by the court of
impeachment establish that the burden of proof rests on the House
Board of Managers to prove an article of impeachment beyond a
reasonable doubt. You are to determine if the allegation in each
article presented to you has been proven beyond a reasonable doubt,
and if so, shall the article of impeachment be sustained which
would result in removal of office. The final question to be put to
you after each article is: "Shall this article of impeachment be
sustained?"
Rule 28.
Submission of the Final Question. An article of impeachment is not
divisible. Voting occurs separately on each article. After an
article has been read, the final question is put: "Shall this
article of impeachment be sustained?", and each member of the court
shall be provided a voting form and shall submit a written vote on
the article of impeachment to the clerk of the court to be entered
in the record. Immediately after collection of the written votes by
the bailiff, the clerk of the court shall randomly select one
written ballot at a time and call the member of the court's name and
the vote that the member of the court recorded. At the conclusion of
reading all members of the court's votes, the clerk of the court
shall announce the vote tally and then the presiding officer shall
poll the members of the court. As each member of the court's name is
called by the presiding officer, he or she shall rise in his or her
place and answer yea or nay. If an article of impeachment is not
sustained by the votes of the members of the court present, a
finding of acquittal is entered as to that article. If an article of
impeachment is sustained by the votes of two-thirds of the members
present, a finding of conviction is entered as to that article. The
vote by which an article of impeachment is sustained or rejected
shall not be reconsidered.
Rule 29.
Judgment of Acquittal. If no article of impeachment is sustained, a
judgment of acquittal is entered. The presiding officer of the
court shall prepare a final judgment disposing of all issues in
accordance with the decisions of the court. The judgment is entered
in the record of the court and a certified copy is deposited in the
office of the Texas Secretary of State.
Rule 30.
Judgment of Conviction.
(a) If any article of impeachment is sustained, the presiding
officer of the court shall prepare a final judgment disposing of
all issues in accordance with the decisions of the court. Upon
motion by the House Board of Managers to extend the judgment to
include disqualification from holding any office of honor, trust,
or profit under this State, counsel for each party may present
arguments. Upon conclusion of the arguments, the question is put:
"Shall judgment extend to disqualification from holding any office
of honor, trust, or profit under this State?", and each member of
the court, as his or her name is called, shall rise in his or her
place and answer yea or nay, which vote shall be entered on the
record. The motion shall be adopted if approved by two-thirds of
the members of the court present. Upon pronouncement of judgment by
the court, a certified copy of the judgment is to be deposited in
the office of the Texas Secretary of State. The judgment must
extend to removal from office and may extend to disqualification
from holding any office of honor, trust, or profit under this
State.
(b) Upon final judgment of either acquittal or conviction of
Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XV, XVI, XVII,
XVIII, XIX, and XX, any member of the court may make a motion for
dismissal of the remaining articles of impeachment held in
abeyance. The motion shall be adopted only if approved by a
majority of the members of the court present. If adopted, a
dismissal in this context does not constitute an acquittal of any
charge contained in the articles of impeachment but would
constitute a final decision by the Senate on the articles of
impeachment and the impeachment would no longer be pending for
purposes of Article 15, Section 5, of the Texas Constitution and
the court of impeachment would dissolve upon further motion to
adjourn sine die. If it is not adopted, the date for further
proceedings shall then be set by the presiding officer for a time
certain in the future.
Rule 31.
Conflict. A member of the court who is the spouse of a party to the
court of impeachment is considered to have a conflict pursuant to
Article III, Section 22, of the Texas Constitution. Such member of
the court shall be seated in the court of impeachment pursuant to
Article 15 of the Texas Constitution. However, such member of the
court shall not be eligible to vote on any matter, motion, or
question, or participate in closed sessions or deliberations.
Notwithstanding any other rule, a member of the court who is the
spouse of a party to the court of impeachment shall be considered
present and eligible only for the purpose of calculating the number
of votes required for any and all matters, motions, and questions
under these rules.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on June 21, 2023, by the
following vote: Yeas 25, Nays 3.
_______________________________
Secretary of the Senate