§ 51-98. Suspension during proceedings - Temporary appointment - Right to salary.

When the complaint or petition for removal is filed, if in addition to the matter charged as ground for removal, the complaint shall also pray that the officer charged be suspended from office pending an investigation or trial.  The Supreme Court or any Judge thereof, or any district judge or court of the county of the residence of the accused, may, upon not less than ten (10) days' notice to the respondent, if sufficient cause appear from the petition and the affidavits or depositions then filed and presented, order the suspension of the accused from the functions of his office until the determination of the matter, and upon such suspension the court shall immediately appoint some proper and qualified person temporarily to fill said office and perform its duties until such proceedings for removal shall be finally determined, and in the event of the removal of the officer so suspended the vacancy shall be filled in the manner provided by law for filling vacancies in such office.

If on the final hearing of the complaint or petition herein, provided the officer is not removed from his office he shall receive the salary allowed him by law during the time of his suspension.

Such officer so temporarily appointed shall also in any event receive the same salary as is provided by law to be paid to the officer filling such position.

Added by Laws 1917, c. 205, p. 381, § 8, emerg. eff. Feb. 19, 1917.