People v. Smith

I. BACKGROUND

A. Removal Proceedings Since at least 1872, California law has provided a process for removing local officials for willful or corrupt misconduct in office. (Pen. Code, former §§ 758-772.) This process, which is now in Government Code section 3060 et seq., borrows many elements of criminal procedure. It starts with an “accusation” issued by a grand jury against a district, county, or city officer “for willful or corrupt misconduct in office.” (Gov. Code, § 3060.) Unless against the district attorney, the accusation is delivered to the district attorney (id., § 3062), who serves it on the officer charged (id., § 3063), and the officer is required to appear in court to answer the accusation (id., § 3064). If the officer pleads guilty or refuses to answer, the trial court renders a “judgment of conviction” against the officer. (Id, § 3069.) If the officer denies the charges, there is a “trial . . . by a jury,” which is “conducted in all respects in the same manner as the trial of an indictment.” (Id., § 3070.) Finally, “[u]pon a conviction” by the jury, the court pronounces judgment that the officer be removed from office. (Id., § 3072.) B. The Accusation In…