Mark Fuller

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Mark Fuller
Image of Mark Fuller

Nonpartisan

Prior offices
United States District Court for the Middle District of Alabama

Education

Bachelor's

University of Alabama, 1982

Law

University of Alabama Law, 1985

Personal
Birthplace
Enterprise, Ala.

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Mark E. Fuller was an Article III federal judge for the United States District Court for the Middle District of Alabama. Fuller served as the chief judge from 2004 to 2011. He joined the court in 2002 after being nominated by President George W. Bush. Prior to joining the court, Fuller was a district attorney for Alabama's 12th Judicial Circuit.[1]

On May 29, 2015, Fuller announced he would resign on August 1, 2015. His cases had been assigned to other judges since his arrest on August 10, 2014.[2] Fuller retired on August 1, 2015.[3] See "In the news" section below.

Education

Fuller graduated from the University of Alabama in Tuscaloosa with his undergraduate degree in 1982 and his J.D. degree in 1985.[1]

Professional career

Judicial career

Middle District of Alabama

On the recommendation of Senators Jeff Sessions and Richard Shelby, Fuller was nominated to the United States District Court for the Middle District of Alabama by President George W. Bush on August 1, 2002, to a seat vacated by Judge Ira DeMent as DeMent went on senior status Fuller was confirmed by the U.S. Senate on November 14, 2002, and received commission on November 26, 2002. He served as chief judge of the court from 2004 to 2011.[4]

Noteworthy events

Fuller arrested, charged with domestic violence

On August 9, 2014, Judge Fuller was reportedly arrested and charged with domestic violence. Police arrived at the Ritz Carlton on 181 Peachtree Street in Atlanta, responding to a call. Officers questioned a woman who stated she had been assaulted by Fuller, her husband. Officers also noted that the complainant had sustained injuries.[5]

Fuller was charged with misdemeanor battery and spent the night in jail. He appeared before Chief Magistrate Stephanie C. Davis and was released on a $5,000 signature bond. His next hearing, on probable cause, took place on September 5, 2014.[6][7]

This was not the first time Fuller had been accused of domestic violence. His divorce records from a prior marriage accused Fuller of domestic violence as well as drug abuse and extramarital affairs.[8]

Update September 2014

Fuller accepted a plea deal on September 5, 2014, whereby he could have his misdemeanor battery charge dismissed and his record expunged contingent upon the completion of a 24-week court program. The program would include a domestic violence program, court-approved counseling, and alcohol and substance abuse testing.[9][10]

Upon accepting the plea deal, Fuller stated:

“ I reached this difficult decision after consulting with my family, and deciding that it was in everyone's best interests to put this incident behind us. While I regret that my decision means that the full and complete facts regarding this incident will likely not come out, I have no doubt that it is what is best for all involved.[10][11] ”

Response from public officials

In September 2014, members of Alabama's congressional delegation called on Judge Fuller to resign from the court, regardless of the results of the investigation by the Eleventh Circuit. Representative Terri Sewell released a statement calling for Fuller's resignation. In the statement, Sewell said:

“ All acts of domestic violence are unacceptable and should not be tolerated. No one committing such abusive acts should get a pass. This is especially true for those charged with upholding and enforcing the law. Judge Fuller has violated the public trust and should resign.[12][11] ”

Both Alabama Senators, Richard Shelby and Jeff Sessions, also called on Fuller to resign.[13] Sewell gave Fuller until November 12, 2014, (the date Congress reconvened) to resign. Sewell stated that if Fuller had not resigned by then, she would take action to start an impeachment process.[14]

Update November 2014

On November 12, 2014, Rep. Sewell sent a letter to the House Judiciary Committee urging for an investigation as to whether or not Fuller should be impeached. She further stated that she was prepared to file an impeachment resolution in January at the start of the 114th Congress.[15] The full text of the letter can be read here. Sewell did not file an impeachment resolution. The issue was addressed by the Eleventh Circuit Court of Appeals and the Senate Judiciary Committee, leading to Fuller's resignation.

Update February 2015

An evidentiary hearing was held in 2015 from February 9 through February 11 in the matter of Fuller's domestic violence arrest. A special committee comprised of Judge Gerald Tjoflat of the United States Court of Appeals for the 11th Circuit, two other circuit judges, and two district court judges was appointed to conduct the investigation and preside over the hearing.[16] Twenty witnesses provided testimony and included Fuller, his wife, the arresting police officers, and employees of the Ritz Carlton hotel.[17] The United States Court of Appeals for the 11th Circuit conducted its own investigation of Fuller since the arrest. A federal appeals court has the authority to investigate and discipline federal judges in their circuit, but does not have the authority to remove them from the bench.[16]

Special committee findings with recommendations for discipline are usually sent to the circuit's judicial council. If the council finds there is actionable misconduct which calls for impeachment, it may send the matter to the national judicial conference which may then send it up to the United States House of Representatives for a potential impeachment hearing.[16]

In April 2015, a letter sent from Sen. Chuck Grassley, the chairman of the U.S. Senate Judiciary Committee, to the United States Court of Appeals for the 11th Circuit. He asked for an expeditious determination of Fuller's case, which had been under investigation for months.[18]

Update June 2015

In June 2015, Fuller announced he would resign from the bench on August 1, 2015. If he had not announced his plans to resign, Fuller may have faced impeachment. The Judicial Council of the 11th Circuit, stated that Fuller's actions "might constitute one or more grounds for impeachment under article II of the Constitution." The council had since stated that the matter would be referred to the Judicial Conference of the United States.[19]

See also

External links


Footnotes

  1. ↑ 1.0 1.1 1.2 Mark Fuller Biography from the Federal Judicial Center
  2. ↑ USA Today.com, "Federal judge arrested for battery to resign from bench," May 29, 2015
  3. ↑ United States Courts, "Current Judicial Vacancies," August 4, 2015
  4. ↑ THOMAS, "Mark Fuller USDC, MDAL confirmation:PN2062-107"
  5. ↑ Decaturish.com, "Judge arrested in ATL on domestic violence charges," August 10, 2014
  6. ↑ CNN.com, "Federal judge spends night in jail after alleged domestic dispute," August 11, 2014
  7. ↑ Associate Press via AL.com, "Alabama judge who presided over Siegelman, Scrushy trials entering treatment after domestic violence arrest," August 20, 2014
  8. ↑ Reporters Committee for Freedom of the Press, "Montgomery circuit court seals file in U.S. district judge's divorce proceedings," May 29, 2012
  9. ↑ Kansas.com, "Judge accused of hitting wife enters court program," September 5, 2014 (dead link)
  10. ↑ 10.0 10.1 AL.com, "Federal judge Mark Fuller accepts plea deal in domestic violence case; could have arrest record expunged," September 5, 2014
  11. ↑ 11.0 11.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  12. ↑ Congresswoman Terri Sewell, "Congresswoman Sewell Calls for Resignation of U.S. District Judge Mark Fuller," September 16, 2014
  13. ↑ The Washington Post, "NFL fallout: Alabama lawmakers call for removal of federal judge charged with domestic violence," September 19, 2014
  14. ↑ The Washington Times, "Deadline set for arrested judge’s resignation," October 17, 2014
  15. ↑ AL.com, "U.S. Rep. Terri Sewell calls for Mark Fuller's impeachment, says failure to resign 'the height of arrogance'," November 12, 2014
  16. ↑ 16.0 16.1 16.2 The Daily Report, "Judicial Discipline Evidence Hearing Set for Alabama Judge Arrested for Domestic Abuse," January 16, 2015
  17. ↑ AL.com, "Federal Judge Mark Fuller awaiting recommendation on whether he should keep job," February 26, 2015
  18. ↑ WVTM13, "U.S. senator wants action on Alabama federal judge," April 11, 2015
  19. ↑ Times Free Press.com, "Resigning Alabama federal judge may have faced impeachment," June 1, 2015
Political offices
Preceded by:
Ira DeMent 		Middle District of Alabama
2002–2015
Seat #3 		Succeeded by:
Andrew Brasher



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