Mark Fuller, a federal judge in Alabama, is facing mounting calls for his resignation. Judge Mark Fuller was arrested last month for allegedly beating his wife. The calls for his resignation come amid increasing attention on domestic violence after several high-profile cases involving NFL players.
The incident happened on a Saturday night in August when Judge Fuller and his wife Kelli were at a downtown Atlanta hotel. She Kelli Fuller picked up the phone and called 9-1-1. In the call broadcast by CNN, Kelli Fuller tells dispatchers she needs help.
“[Dispatcher] Kelli! Ok, she needs an ambulance. I’m sending a police. They’re in a domestic fight now at the Ritz-Carlton. [Woman] Please help me. He’s beating on me.”
According to a police report, authorities arrived to find a room with broken glass and they smelled alcohol. Kelli Fuller had cuts on her face. She told police her husband became violent after she accused him of an affair. He said she became violent when confronting him and he was defending himself.
Mark Fuller is a former district attorney appointed by President George W. Bush in 2002 to serve as a Federal District Court Judge in Montgomery. Judge Fuller is most noted for presiding over the corruption case of former Alabama Governor Don Siegelman.
The list of people calling for Judge Fuller’s resignation is growing. Alabama’s two Republican Senators Richard Shelby and Jeff Sessions say he should step down — as has the state’s Democratic Congresswoman Terri Sewell. Governor Robert Bentley and First Lady Diane Bentley have also said he should resign.
Judge Fuller’s attorney, Barry Ragsdale, says we don’t have all the facts.
“Neither the 9-1-1 call, the public interpretation of that call, or the police incident report tell the full story,” said Ragsdale.
This month Judge Fuller entered a pre-trial diversion program. That means he admits no guilt, attends counseling, and submits to a drug and alcohol assessment. If he completes that, Judge Fuller would face no prosecution and could have his record expunged.
Defense attorney Ragsdale insists Judge Fuller is not getting special treatment. And he says this is a standard offer with a first-time, misdemeanor offense.
The 11th U.S. Circuit Court of Appeals, which oversees Judge Fuller, has reassigned all his cases and opened an investigation — an investigation his defense attorney says is welcomed.
“We want the investigation from the eleventh circuit to run its course,” said Ragsdale. “We think once that investigation is completed, that’s the time to decide whether or not the evidence justifies him resigning from his position but not before then.”
Such an investigation could lead to disciplinary action. Punishments can range from a private reprimand to a recommendation of impeachment. Since federal judges are appointed for life, impeachment is the only way to remove a judge against his or her will.
But only 15 federal judges have ever been impeached and only 8 of those were convicted and removed from office. And a federal judge punished for a domestic dispute?
“I can’t think of a case and I can’t even remember it being reported in the newspaper in my memory and I’ve been doing this 24 years,” said Cynthia Gray with the American Judicature Society — an independent, nonpartisan group that focuses on judicial ethics.
She says federal rules for judicial misconduct can include actions from a judge’s personal life.
But even if there’s just an allegation a judge violated the law, Kevin Burke says that’s a problem. He’s past president of the American Judges Association — a professional education organization.
“It absolutely is going to cause legitimate concern about are the judges fair and are the judges trustworthy are their decisions legitimate,” said Burke. “I think that’s just obvious.”
Most domestic violence cases are heard in state or local courts, but some do fall under federal law. Judge Fuller’s defense attorney believes this incident won’t have a profound effect on the judge’s credibility or that it’s an impeachable offense. But the number of people who disagree seems to be growing by the day.