Impeachment in New Hampshire

Impeachment in New Hampshire is an expressed Constitutional power of the House of Representatives to bring formal charges against a state officer for "bribery, corruption, malpractice or maladministration, in office." Upon the impeachment of a state officer, the Senate acts as "a court, with full power and authority to hear, try, and determine, all impeachments made by the house of representatives." Upon conviction, the Senate can impose a punishment that "does not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, under this state."

Unlike at the Federal level where an impeachment conviction requires 2/3 of the United States Senators present to vote in the affirmative, the New Hampshire Constitution does not mention the burden of proof needed to impeach or convict an official, thus each house is left to decide the standard it will use.

In the history of the state, only two officials have been impeached, both judges. In 1790, Justice Woodbury Langdon was impeached for neglecting his duties, but resigned after the trial was delayed. In 2000, Chief Justice David A. Brock was impeached by the House on four counts of maladministration or malpractice, and knowingly lying under oath. Brock was later acquitted by the Senate on a vote of seven to convict and fifteen for acquittal, with two-thirds of the twenty-four members needed for conviction.

The House of Representatives has the sole authority to investigate and then determine whether or not to impeach a state official. The grounds for impeachment are found in Part II, Articles 17 and 38 of the New Hampshire Constitution.

Part II. Article 17. [House to Impeach Before the Senate.] states:

Part II. Article 38. [Senate to Try Impeachments; Mode of Proceeding.] states in part:

The House may conduct its investigation in any manner it chooses. At the conclusion of its investigation the House votes on the "articles of impeachment" specifying the grounds on which the official's impeachment is based. The House determines the level of evidence required to impeach and the number of votes necessary to pass the "articles of impeachment." Upon the passage of the articles of impeachment the Senate then acts as a court to conduct an impeachment trial.

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