On April 28, 2016, twenty-three members of the Alabama House of Representatives introduced HR367 which proposed two articles of impeachment against Governor Robert Bentley. Proposed Article I (“Willful Neglect of Duty”) states that Governor Bentley has “willfully neglected his duty as Governor by failing to faithfully execute the laws of this state and by refusing to perform his constitutional and statutory duties.” Proposed Article II (“Corruption in Office”) states that Governor Bentley has “unlawfully misused state property, misappropriated state resources, and consistently acted in violation of law to promote is own personal agenda.”
Pursuant to House Rule 79.1, the proposed articles of impeachment were referred to the House Judiciary Committee to investigate the allegations and to recommend to the full House whether cause exists to impeach the Governor. The Committee was to adopt rules, gather information and submit a report to the full House.
The Committee Rules authorized the retention of a Special Counsel to aid in the Committee’s investigation. After a search process, the Committee retained Jack Sharman with Lightfoot, Franklin & White, LLC in Birmingham, Alabama, to serve as its Special Counsel.
This page sets out the Special Counsel’s Pre-Hearing Submission, as well as exhibits and other documents relevant to the investigation.
The submission from Special Counsel has exhibits. Links to the exhibits are set out below, grouped by category, and may be downloaded.
The Committee sought voluntary compliance and sent out document request letters.Exhibit 2
Documents provided in response to subpoenas are set out here.
This section includes correspondence between and among the Committee, the Governor and their respective lawyers.Exhibit 6
Submissions to and dispositions by the Committee can be found here.Exhibit 7
The impeachment resolution, House Rule 79.1 and the Amended Judiciary Committee Rules for the Impeachment Investigation of Governor Robert J. Bentley are collected here.Exhibit 8
Pursuant to House Rule 79.1, the proposed articles of impeachment were referred to the House Judiciary Committee to investigate the allegations and to recommend to the full House whether cause exists to impeach the Governor.
The schedule of the Judiciary Committee is subject to change, but here is the current schedule.
|April 7||Report of Investigation||Special Counsel's written report of investigation will be provided to the Committee and to Counsel for the Governor by 5:00 p.m. It will be made available to the public.|
|April 10||Committee Hearing Day One||Presentation by the Committee’s Special Counsel and offer of witnesses, if any. [House Rule 79.1 (d); Amended Committee Rule 2(i) and Rule 13(b)]|
|April 11||Committee Hearing Day Two||Presentation by counsel for the Office of the Governor and for the Governor and offer of witnesses, if any. [House Rule 79.1 (d); Amended Committee Rule 2(i)(2)-(3)]|
|April 12||Committee Hearing Day Three||Special Counsel response. [House Rule 79.1 (d); Amended Committee Rule 2(i) and Rule 13(b) ]|
|April 13||Committee Hearing Day Four or Recess||Conclusion (or recess if concluded on April 12)|
|April 14||Committee Meeting||Summation by counsel for the Office of the Governor; by counsel for the Governor; and by Special Counsel. [House Rule 79.1 (d); Amended Committee Rule 2(i)(2)-(3); Amended Committee Rule 2(i) and Rule 13(b)]
Vote on motion(s) and charge to Special Counsel as to preparation of Committee Report (including any revised Articles)
|April 21||Committee Report||To be provided to the Committee and to counsel of the Office of the Governor and counsel for the Governor by 5:00 p.m. [Amended Committee Rule 14]|
|April 28||Governor Bentley Written Response||To be provided to the Committee and to Special Counsel by 5:00 p.m. [Amended Committee Rule 14]|
|May 1||Committee Meeting||Motion(s), debate and vote on proposed Committee Report and Articles (if any).|
|May 4||Report to the House||Transmission of Committee Report and Minority Report (if any) to the Clerk for consideration by the full House. [House Rule 79.1(a)(2), (f)].|
|May 9||House Consideration of Committee Report||[House Rule 79.1 (g)]|
The House Judiciary Committee chose a group of lawyers from the Birmingham firm of Lightfoot, Franklin & White, LLC to lead the special counsel investigation.