MONTGOMERY, Ala. (AP) - The Alabama House of Representatives is likely headed to a historic vote sometime this spring on whether to impeach Gov. Robert Bentley, the chairman of the House Judiciary committee said Wednesday.
House Judiciary Committee Chairman Mike Jones, in an update to committee members, said Wednesday that he expected the committee will resume an impeachment probe and issue a report to House members on whether the embattled governor committed any impeachable offenses.
“It is my expectation that this matter will be completely resolved before we end the regular session,” Jones, R-Andalusia, told committee members.
The committee began an investigation last year after Bentley’s former law enforcement secretary accused Bentley of having an affair with a staffer and interfering in law enforcement business. Bentley acknowledged making personal mistakes, but denied having a sexual affair or committing any impeachable offense. Lawmakers have expressed different views on whether the probe is warranted or a longshot political stunt that is draining lawmaker and drawing media attention from more pressing matters for the state.
The stalled impeachment investigation resurfaced last week after the new attorney general appointed by Bentley said he was recusing from related work done by the attorney general’s office and appointed retired Montgomery County District Attorney Ellen Brooks to oversee the matter.
Jones said he did not expect the matter to linger under Brooks.
“If there is a case to prosecute, she’s not going to hesitate. If there is not one to prosecute, she will not hesitate to say that,” Jones said.
Jones said he is in discussions with Brooks about when the committee can proceed without interfering with her work.
An attorney for the governor’s office in a statement last week said Bentley “has no input on the resumption of an impeachment process” and is focused on the legislative session.
“The Governor has great respect for Chairman Jones and the members of the Judiciary Committee. He is confident that they recognize that any Governor is afforded all due process protections at every stage of an impeachment. This is crucial because an impeachment would immediately overturn the votes of the citizens of Alabama and remove the elected Governor, even before any trial in the Senate,” attorney Ross Garber said.
Under Alabama law, Bentley would be removed from his duties if impeached until a trial in the Alabama Senate determines if he should be removed from office.
The Senate Judiciary Committee on Wednesday appointed a subcommittee to develop trial procedures if the House should impeach Bentley, although the committee chairman said he doubted it would come to that.
Senate Judiciary Chairman Cam Ward, R-Alabaster, said the Senate currently has “zero procedures” in place for an impeachment trial.
“I don’t think they will get it out of the House, but I don’t want to speak for House members,” Ward said.
Only two governors have been removed from office in modern times - Arizona Gov. Evan Mecham and Illinois Gov. Rod Blagojevich - and both had been charged beforehand with criminal offenses.
The last impeachment attempt in Alabama of a statewide official was in 1915 against the secretary of state. The 1901 Alabama Constitution says elected officials can be removed for offenses ranging from neglect of duty to intemperance, but gives only a general outline of the process.
Jones said lawmakers have taken the matter seriously and had to establish rules since the Alabama Constitution only lays out a murky process for impeachment.
“The historical significance of this is enormous,” Jones said.
Please read our comment policy before commenting.