ARTICLE V: REMOVAL FROM OFFICE

Section 1. Any Officer, Senator, or law student Justice of the Honor Court shall be removed from office for:

1. Purposely and/or knowingly violating this Constitution; and/or
2. Purposely and/or knowingly violating the Bylaws; and/or
3. Violations of the Model Code of Professional Responsibility, the University code of conduct, and/or the law school code of conduct, but only if substantiated by the receipt of disciplinary sanctions; and/or
4. Other just causes that may be established by the Senate in the Bylaws of the Student Bar Association.

Section 2. No Officer, Senator, or law student Justice of the Honor Court shall be removed from office for recklessly or negligently violating the Constitution or the Bylaws, nor shall any Officer, Senator, or law student Justice of the Honor Court be removed for de minimis violations of any of the causes contained in Section 1 of this article.

Section 3. Whenever evidence exists that an Officer, Senate, or law student Justice of the Honor Court may have committed a removable offense specified in Section 1 of this article, the Senate Counsel shall refer the matter to the law student Justices of the Honor Court for investigation, provided that if a law student Justice of the Honor Court is the subject of the investigation, he or she shall recuse himself or herself from such investigation.

1. The Honor Court shall, independently of any other Student Bar Association elected or appointed official, investigate the facts and circumstances surrounding the removable offense allegedly committed by the Officer, Senator, or law student Justice of the Honor Court, and deliver a written investigation report to the Senate Counsel not later than seven days after commencing its investigation.
2. The Senate Counsel shall present the report of the Honor Court to the Senate.
   1. If the Honor Court reports to the Senate that substantial evidence exists that the individual has committed an offense that warrants removal, and is not de minimis, the Senate shall be bound to proceed with the impeachment and removal procedures further specified in this article.
   2. If the Honor Court reports to the Senate that substantial evidence exists that the individual has not committed a removable offense, or that the offense is de minimis, the matter shall be dismissed by the Senate, and the Senate shall not proceed with the impeachment and removal procedures further specified in this article unless three-quarters of the Senate shall vote to find that the Honor Court's report is against the manifest weight of the evidence.

Section 4: If the Honor Court reports to the Senate that substantial evidence exists that an Officer, Senator, or law student Justice of the Honor Court has committed a removable offense for causes specified in Section 1 of this article, then the Senate as proceed with the procedures contained in this section.

1. The Chief Justice of the Honor Court shall preside over the Senate in all cases of impeachment, provided that the President of the Student Bar Association shall continue to preside over the Senate if a law student Justice of the Honor Court is the subject of impeachment and removal procedures. The President shall continue to have no vote within the Senate during such impeachment and removal procedures.
2. An Officer shall be impeached by a two-thirds majority vote of the Senate's total membership. The Officer shall then be removed from office by majority vote of the law school student body, provided that at least one-half of the total law school student population has voted in such recall election.
3. A Senator shall be impeached by a two-thirds majority vote of the Senate's total membership. The Senator shall then be removed from office by majority vote of the Senator's academic class or graduate law program, provided that at least one-half of the total academic class or graduate law program has voted in such recall election.
4. A law student Justice of the Honor Court shall be impeached by a majority vote of the Senate's total membership. The law student Justice of the Honor Court shall then be removed from office by a two-thirds majority vote of the Senate's total membership, during a session of the Senate conducted after the session in which the individual was impeached.

Section 5. Any appointed official under this Constitution may be removed for just cause in writing by the President of the Student Bar Association. Such writing shall be delivered to the individual being removed, citing the President's reasons for such removal. This writing shall also be delivered to the Senate at the same time such writing is delivered to the individual being removed. However, a two-thirds majority vote of the Senate may reinstate the removed official for the remainder of the official's designated term, or until his or her successor is designated.