WHEREAS, the Judicial Council has fully considered the Report and the record of proceedings before the lavestigating Committee, including the exhibits. The Report and the record contain substantial evidence that Judge Hastings engaged in obstruction of justice and gave false sworn testimony at his trial in United States v. Hastings in an effort to avoid conviction. Report and record also contain substantial evidence in addition to that presented to the jury at the trial of United States v. Hastings that Judge Hastings in fact did engage in the conspiracy with which he was charged; and,

The

WHEREAS, Judge Hastings has declined to file any response to the Report and recommendations of the Investigating Committee;

WHEREFORE, the Judicial Council resolves that the Report of the Investigating Committee as to Count One of the complaint is accepted and approved, and the Judicial Council determines on the basis of the complaint, the Report and the record of the proceedings, including the exhibits, that United States District Judge Alcee L. Hastings has engaged in conduct which might constitute one or more grounds for impeachment under Article I of the Constitution, in that: (a) in an effort to avoid

conviction on the charge of conspiracy to solicit and
accept a bribe in exchange for a judicial act Judge
Hastings engaged in obstruction of justice in preparing
for and at trial and gave false sworn testimony at
trial; and (b) Judge Hastings in fact did engage in such

conspiracy.

The Judicial Council further resolves that, with respect to Count One of the complaint, a certification be made to the Judicial Conference of the United States in accordance with 28 U.S.C. § 372(c)(7)(B.

ACCORDINGLY, pursuant to 28 U.S.C. § 372(c)(7) (B) the Judicial Council of the Eleventh Circuit certifies to the Judicial Conference of the United States its determination that United States District Judge Alcee L. Hastings bas engaged in conduct which might constitute one or more grounds for impeachment under Article I of the Constitution, in that: (a) in an effort to avoid conviction on the charge of conspiracy to solicit and accept a bribe in exchange for a judicial act Judge Hastings engaged in obstruction of justice in preparing for and at trial and gave false sworn testimony at trial; and (b) Judge Hastings in fact did engage in such conspiracy. Together with such determination, the Judicial Council certifies to the Judicial Conference the complaint filed by Chief District Judges Wm. Terrell Hodges and Anthony A. Alaimo and the record of associated proceedings, including

exhibits received by the investigating Committee and filed by it with the Judicial Council.

The Judicial Council sends forward to the Chief Justice, as Presiding Officer of the Judicial Conference: (1) the complaint; (2) three copies of the Report and recommendations of the Investigating Committee; (3) the record of orders, notices, and other documents of the Investigating Committee; (4) the record of proceedings before the Judicial Council. The transcript of testimony, and the exhibits filed with and received by the Judicial Council, shall be indexed and placed in numbered sealed boxes. The indices shall be forwarded to the Judicial Conference of the United States. The sealed material shall be retained by the Judicial Council pending shipping instructions from the Judicial Conference of the United States.

The Judicial Council further certifies that the Investigating Committee has reported to it that it has not completed its investigation of a separate complaint against Judge Hastings filed by Thomas M. Tucker.

The Judicial Council further certifies that, pursuant to

28 U.S.C. § 372(c)(7)(C), it has submitted notice to the complainants and to Judge Alcee L. Hastings of the action the

Judicial Council has taken under 28 U.S.C. $ 372(c)(7).

DONE this the 2d day of September 1986.

BUTZNER, Senior Circuit Judge, sitting by designation:

Pirst, whether the

These proceedings raise three issues. United States House of Representatives Committee on the Judiciary, when conducting an investigation pertaining to the impeachment of an official, is entitled to receive the record of a grand jury that indicted the official. Second, whether the official is entitled to the grand jury record at this stage of the proceedings. And third, whether the record should be released to the public.

The court concludes that a copy of the record should be delivered to the Committee. As to the official's entitlement, control over the timing and extent of discovery in impeachment proceedings is ancillary to the power and trial of impeachment that the Constitution vests in the Congress. Therefore, an official's request for disclosure of the grand jury record for use in preparation for impeachment proceedings must be addressed to the appropriate committees of Congress. Finally, no need has

been shown for public disclosure sufficie... to justify an exception to the general rule of grand jury secrecy prescribed by Federal Rule of Criminal Procedure 6(e)(2).

I

In 1981, a grand jury indicted Judge Alcee Hastings for conspiring with William Borders, Jr., to solicit a bribe to influence a judicial decision. See United States v. Hastings, 681 P.2d 706, 707 (11th Cir. 1982). In separate trials, Borders vas convicted and Judge Hastings acquitted of their respective charges. Shortly after his acquittal on the criminal charges in 1983, a complaint was filed against Judge Hastings with the Judicial Council of the Eleventh Circuit based upon the same matters which had led to the indictment.

A special investigatory committee of the council was formed pursuant to $372(c)(4) of the Judicial Councils Reform and Judicial Conduct and Act of 1980, 28 U.S.C.

Disability

$ 372(c)(4). As part of its investigation, the council committee petitioned the district court for access to the record of the grand jury that had indicted Judge Hastings. Judge Hastings opposed this petition and in the alternative asked that he and his counsel be given access to any records made available to the committee or that they be made public.

The district court granted the council committee access to the record, subject to conditions of confidentiality, and denied access to Judge Hastings and the public. In Re Petition to Inspect Grand Jury Materials, 576 P. Supp. 1275 (S.D. Fla. 1983).

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