SECTIONS 3060-3075 - California Statutes

GOVERNMENT CODE

SECTION 3060-3075

3060. An accusation in writing against any officer of a district,
county, or city, including any member of the governing board or
personnel commission of a school district or any humane officer, for
willful or corrupt misconduct in office, may be presented by the
grand jury of the county for or in which the officer accused is
elected or appointed. An accusation may not be presented without the
concurrence of at least 12 grand jurors, or at least eight grand
jurors in a county in which the required number of members of the
grand jury is 11.

3061. The accusation shall state the offense charged in ordinary
and concise language, and without repetition.

3062. The accusation shall be delivered by the foreman of the grand
jury to the district attorney of the county, unless he is the
officer accused.

3063. The district attorney shall have a copy of the accusation
served upon the defendant, and by notice in writing shall require the
accused to appear before the superior court of the county, at a time
stated in the notice, and answer the accusation. Appearance shall
not be required in less than 10 days from the service of the notice.
After service, the original accusation shall be filed with the clerk
of the court.

3064. The defendant shall appear at the time stated in the notice
and answer the accusation, unless for some sufficient cause the court
assigns another day for that purpose. If he does not appear, the
court may proceed to hear and determine the accusation in his
absence.

3065. The defendant may answer the accusation either by objecting
to its sufficiency or any article therein, or by denying the truth of
the accusation.

3066. If he objects to the legal sufficiency of the accusation, the
objection shall be in writing. The objection need not be in any
specific form. It is sufficient if it presents intelligibly the
grounds of the objection.

3067. If he denies the truth of the accusation, the denial may be
oral and without oath. The denial shall be entered upon the minutes.

3068. If an objection to the sufficiency of the accusation is not
sustained, the defendant shall answer thereto forthwith.

3069. If the defendant pleads guilty, or refuses to answer the
accusation, the court shall render judgment of conviction against
him. If he denies the matters charged, the court shall immediately,
or at such time as it appoints, try the accusation.

3070. The trial shall be by a jury, and conducted in all respects
in the same manner as the trial of an indictment.

3071. The district attorney and the defendant are each entitled to
such process as is necessary to enforce the attendance of witnesses
as upon a trial of an indictment.

3072. Upon a conviction and at the time appointed by the court it
shall pronounce judgment that the defendant be removed from office.
To warrant a removal, the judgment shall be entered upon the minutes,
and the causes of removal shall be assigned therein.

3073. The same proceedings may be had on like grounds for the
removal of a district attorney, except that the accusation shall be
delivered by the foreman of the grand jury to the clerk, and by him
to a judge of the superior court of the county. The judge shall
appoint a person to act as prosecuting officer in the matter, or
place the accusation in the hands of the district attorney of an
adjoining county, and require him to conduct the proceedings.

3074. Any officer subject to removal pursuant to this article may
be removed from office for willful or corrupt misconduct in office
occurring at any time within the six years immediately preceding the
presentation of an accusation by the grand jury.

3075. In a proceeding under this article, appeal is to the court of
appeal.