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to be made as are necessary and proper to protect the independence of the individual United States district judge from the kinds of burdens and impositions

that are illustrated by the proceedings against him;

2. Amend the statutory provisions governing the Assignment of Judges to Other Courts, 28 U.S.C. §§ 291-296 (1982):

(a) to transfer the power to select, designate, and appoint the judges who shall serve on other courts from the Chief Justice of the United States and the chief judges of the several circuits to the respective courts upon which they sit; and

(b) to require that, when a legal necessity is duly created and certified that requires the designation of a judge or judges to preside over one or more specified proceedings, cases, or controversies pending in another court, the designation shall be made pursuant to a blind and random selection system from a pool that includes all district or all circuit judges in active service, excepting only those who are presently serving as chief judges or as members of the Judicial Conference or who have been excused from such service as a designated judge for good cause shown;

3. Adopt legislation:

(a) to reassert the primary jurisdiction of the House of Representatives in the investigation and determination whether a United States judge should be prosecuted on charges that he or she has committed "Treason, Bribery, or other high Crimes or Misdemeanors" in office, or

(b) requiring that the Attorney General apply to an appropriate court for the appointment of a special prosecutor if he believes that criminal in

vestigations or proceedings may be warranted against a United States judge with respect to his or her conduct in office, and

(c) prohibiting the Attorney General or any officer employed by the executive branch from initiating or participating in such criminal investigations or proceedings;

4. Adopt legislation authorizing and requiring, and clarifying the duty of, the United States to reimburse every United States judge for any costs reasonably incurred, including any liability for reasonable fees necessary to compensate qualified attorneys for their assistance, in:

(a) any criminal investigations or proceedings directly or indirectly related to conduct in office that does not result in his or her conviction and removal or resignation from judicial office, and

(b) any proceedings under the Act or other proceedings that are rea

sonably related to proceedings under the Act,

to assure that judges are afforded the same protections as are officers of the executive branch and to assure that a judge's compensation in office may not otherwise be diminished at the discretion of any other officers of the United States or because those officers are displeased with that judge's conduct in office; and

5. Adopt such other legislation as may be necessary and proper to implement the constitutional guarantees and protections necessary to maintain the independence of the United States district courts and the judges who serve upon them against the encroachments and coercions of members of administrative agencies and officers within the judicial as well as the executive branches of government.

In order to assure that the need for the relief sought by this petition is considered in a timely manner and upon an appropriate record, Judge Hastings peti

tions the individual members of each of the Houses of Congress to introduce such bills and resolutions as may be necessary to assure that the appropriate Congressional committees undertake investigations and hearings to determine:

1. The manner in which employees and officers in the Public Integrity Section of the Criminal Division of the Justice Department and the Federal Bureau of Investigation and the Attorney General and his political subordinates have exercised their discretion in deciding or declining to initiate proceedings to investigate or prosecute federal district judge's and in conducting such investigations and proceedings over the past six years, including the decisions and conduct that led to his own investigation, prosecution, and acquittal, and the further conduct of executive officers in investigating and assisting in investigations into his conduct since his acquittal;

2. The manner which the Judicial Conference of the United States, the Chief Justice, the various courts of appeals, circuit councils, circuit chief judges, and special committees have implemented and exercised their respective powers under the Act, including the decisions that led to the filing of complaints against him, the conduct and decisions of the then circuit chief judge and the special committee that he appointed to investigate those complaints;

and

3. The manner in which the Chief Justice and the chief judges of each of the circuits have exercised the powers assigned to them pursuant to 28 U.S.C. §§ 293-296 (1982) in instances in which a United States district judge was a target or a defendant in criminal investigations or proceedings initiated since 1980, including the manner in which those powers were exercised in the investigations and proceedings against him.

4. The effect that any proceedings or threat of proceedings may have had on the security and compensation of every United States district judge against whom a complaint has been filed that was not dismissed, without other action, pursuant to 28 U.S.C. § 372(c)(3)(A), and upon their colleagues who serve with them on the United States district courts of this Nation.

In connection with and in support of this petition, Judge Hastings has filed copies of A Provisional and Preliminary Report on the Proceedings Against United States District Judge Alcee L. Hastings: 1981-1986 (the "Provisional Report") prepared at his request by Professor Terence J. Anderson, one of his counsel. The Provisional Report demonstrates the need for the initiation of prompt investigations by the appropriate Congressional committees into the subjects identified in this petition. It also identifies certain of the specific grievances for which Judge Hastings seeks relief from the Congress and each of its Houses. In connection with those specific grievances, he also seeks preliminary relief.

Specifically, he requests that the Congress or either of its Houses:

1. Issue subpoenas to the Judicial Conference of the United States, the Judicial Council of the Eleventh Circuit, and the appropriate officers of each, or otherwise act to compel production of, all records and reports in connection with any complaints filed, investigations conducted, or other proceedings against him under the Act, including the record and committee report identified in the Provisional Report; and

2. Cause those records to be made a part of the public record so that they may promptly become available to all concerned.

Judge Hastings has instructed counsel to supplement this petition and provide supporting memoranda addressing the issues raised when the Provisional

Report has been fully developed or earlier, if so requested by Congress or any of

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