1. Whenever articles of impeachment against any officer subject to impeachment are presented to the Senate, the officer is temporarily suspended from the officer’s office and cannot act in the officer’s official capacity until the officer is acquitted.
2. Upon temporary suspension of any officer other than the Governor, the officer’s office shall at once be temporarily filled by an appointment made by the Governor, with the advice and consent of the Senate, until the acquittal of the officer impeached or, in case of the officer’s removal, until the vacancy is filled as provided by law.
[1911 Cr. Prac. § 41; RL § 6891; NCL § 10688]