610 F.Supp. 169 (S.D.Fla. 1985), 85-1772, Williams v. Mercer

• Date: 31 May 1985
• Docket Number: 85-1772-CIV-DAVIS.
• Citation: 610 F.Supp. 169
• Parties: Betty Ann WILLIAMS and Alan Ehrlich, as members of the official staff of the Honorable Alcee L. Hastings, and the Honorable Alcee L. Hastings, United States District Judge, Plaintiffs, v. Spencer D. MERCER, as Clerk of the United States Court of Appeals for the Eleventh Circuit; and the Honorable John C. Godbold, Chief Judge of the Eleventh Circuit
• Court: U.S. District Court — Southern District of Florida

Page 169

610 F.Supp. 169 (S.D.Fla. 1985)

Betty Ann WILLIAMS and Alan Ehrlich, as members of the official staff of the Honorable Alcee L. Hastings, and the Honorable Alcee L. Hastings, United States District Judge, Plaintiffs,

v.

Spencer D. MERCER, as Clerk of the United States Court of Appeals for the Eleventh Circuit; and the Honorable John C. Godbold, Chief Judge of the Eleventh Circuit, the Honorable Gerald B. Tjoflat and Frank M. Johnson, Jr., Judges of the United States Court of Appeals for the Eleventh Circuit, and the Honorable Sam C. Pointer, Jr. and William C. O'Kelley, Judges serving on United States district courts within the Eleventh Circuit, as members of a committee known as the Investigating Committee of the Judicial Council of the Eleventh Circuit, Defendants.

No. 85-1772-CIV-DAVIS.

United States District Court, S.D. Florida.

May 31, 1985

Terence J. Anderson, Coral Gables, Fla., for plaintiffs.

G. Stewart Webb, Jr., Baltimore, Md., John Doar, New York City, for defendants Investigating Committee.

ORDER

WILKINS, District Judge. ^[*]

This case arises from investigative proceedings conducted pursuant to the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 (the Act), 28 U.S.C.A. § 372(c) (West Supp.1985). Because the parties needed an expedited resolution of the issues framed by Plaintiffs' Complaint and Motions for Emergency Relief, the Court conducted an emergency hearing on May 24, 1985 and issued an interim Memorandum

Page 170

Opinion on that date. This order supplements the Memorandum Opinion filed May 24, 1985 and constitutes the final order of this Court.

A special investigating committee was appointed by the Chief Judge of the Eleventh Circuit Court of Appeals pursuant to the Act in March of 1983 to investigate allegations of "conduct prejudicial to the effective and expeditious administration of the business of the courts" concerning United States District Judge Alcee L. Hastings. § 372(c)(1), (4). Pursuant to its investigation, the committee requested the issuance of subpoenas seeking the appearance of present and former staff members of Judge Hastings and the production of certain documents and records. § 372(c)(9)(A). These subpoenas were issued by the Clerk of the Eleventh Circuit Court of Appeals pursuant to 28 U.S.C.A. § 332(d)(1) (West Supp.1985). Plaintiffs objected to the validity and enforcement of these subpoenas in a complaint filed May 20, 1985.

Specifically, Plaintiffs attacked the subpoenas on the following grounds:

1. The subpoenas impinged upon privileged communications between Judge Hastings and members of his staff, and any documents or records in Judge Hastings' possession were immune from disclosure;

2. The section establishing the committee's subpoena powers, § 372(c)(9)(A), and the issuance and service provision of the Act, § 332(d)(1), are unconstitutional; and

3. The service of the subpoenas by agents of the FBI improperly impinged...