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Wednesday, 03 June 2015 00:00

'Wife-Beating' Judge Mark Fuller Will NOT Receive Federal Pension After He 'Resigns in Shame': U.S. House Judiciary Committee Statement

Written by Brad Friedman | The Brad Blog

U.S. District Judge Mark Fuller "will not qualify for either a judicial salary or be eligible for a judicial pension," according to a statement just released by the bi-partisan leaders of the U.S. House Judiciary Committee. His resignation from the federal bench "in shame", as the statement describes Fuller's stated intention to step down as of August 1, will disqualify him from any further payment for his role on the federal judiciary.

In their statement, posted in full below, committee chair Rep. Bob Goodlatte (R-VA) and ranking member Rep. John Conyers (D-MI) make clear that they were prepared to consider impeachment of the federal judge, prior to the resignation letter he tendered to the President over the weekend.

Fuller, a 2002 George W. Bush-appointee to the federal bench in Alabama's Middle District, was arrested last August on charges of beating his wife at a hotel room in Atlanta. Prior to that, he had been most well known for overseeing the controversial trial of Alabama's former Democratic Governor Don Siegelman.

"It is a rare occasion when the U.S. Congress impeaches a federal judge and removes the accused from the bench, but it is a necessary tool to protect the integrity of our judicial system," the two high-ranking Congressmen say in their joint statement. "However, the House Judiciary Committee was prepared to initiate impeachment proceedings against Judge Fuller pending the recommendation of the Judicial Conference of the United States, and the Committee strongly encouraged the courts to expedite the investigation into Judge Fuller's misconduct."

On Monday, as we reported in detail, following a nearly 10-month probe of the incidents surrounding the disgraced Judge's arrest in 2014, the 11th Circuit Court's Judicial Conference issued an order [PDF] stating that the matter "might constitute one or more grounds for impeachment."

Unless he had voluntary stepped down, impeachment would have been the only way to remove Fuller from his lifetime appointment to the bench, despite the charges of domestic abuse. Judge Fuller submitted his resignation to the President late last week in advance of the publication of the Judicial Conference's order, but questions had remained about whether he had struck a deal that would allow him to accept a retirement pension after stepping down from his $200,000/year job.

According today's statement from Goodlatte and Conyers, so long as he leaves by August 1, he will not receive any compensation from the federal government thereafter...

"Once it became clear that the 11th Circuit would issue an order that Judge Fuller's conduct could constitute grounds for impeachment, Judge Fuller decided to resign in shame," the Congressmen said today. "Once his resignation becomes effective, Fuller will not qualify for either a judicial salary or be eligible for a judicial pension. If Judge Fuller does not resign on August 1st, as stated in his resignation letter, the House Judiciary Committee will consider whether impeachment is warranted once the Judicial Conference issues its final report."

Fuller, who has had his caseload re-assigned to other judges since his arrest last year, has collected some $170,000 in taxpayer provided salary during that time, even while trying no cases and defending himself in his own. He will be paid another $30,000 or so in salary before finally stepping down on August 1, barring any changes to his current trajectory.

"Justice was not served here," said Rep. Terri Sewell (D-AL) in a statement over the weekend in response to the news of Fuller's intention to resign. While noting the "consolation" that Fuller has "chosen to spare his family and our nation of the expense of a drawn out impeachment process," she decried his failure "to uphold our most fundamental values."

Sewell, the only Democrat in the Alabama Congressional contingent had long called for the U.S. House to open an investigation into possible impeachment of the federal judge.

Becky Bond, Political Director at CREDO action, one of the groups who had filed a complaint with the 11th Circuit Court against Judge Fuller following his arrest last year, tells The BRAD BLOG that "A federal judge who beats his wife shouldn't get a free pass."

Her organization collected some 135,000 signatures seeking impeachment of Fuller. "Our culture is far too permissive when it comes to men who beat their wives," she said. "The federal courts did the right thing, and we're glad that Congress was ready to act, but it is still disappointing that Judge Fuller has continued to collect his taxpayer-funded $200,000 salary while these proceedings played out, and that he will continue to be paid for the next two months, since his resignation will not happen until August 1st."

* * *

The complete 6/2/2015 statement from the Republican and Democratic heads of the U.S. House Judiciary Committee follows below. After that, a portion of the 911 call from Judge Fuller's wife as she says he was "beating on" her, and then a complete index of The BRAD BLOG's most noteworthy stories and exclusives on this matter, going back to August of 2014...

June 2, 2015

Goodlatte & Conyers Statement on Judge Fuller Resignation

WASHINGTON - House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Ranking Member John Conyers (D-Mich.) issued the following statement on the resignation of Middle District of Alabama Judge Mark Fuller, who was arrested in August 2014 for physically assaulting his wife in a hotel room in Atlanta, Georgia, a violation of state criminal law.

"It is a rare occasion when the U.S. Congress impeaches a federal judge and removes the accused from the bench, but it is a necessary tool to protect the integrity of our judicial system.

"However, the House Judiciary Committee was prepared to initiate impeachment proceedings against Judge Fuller pending the recommendation of the Judicial Conference of the United States, and the Committee strongly encouraged the courts to expedite the investigation into Judge Fuller's misconduct.

"Once it became clear that the 11th Circuit would issue an order that Judge Fuller's conduct could constitute grounds for impeachment, Judge Fuller decided to resign in shame. Once his resignation becomes effective, Fuller will not qualify for either a judicial salary or be eligible for a judicial pension. If Judge Fuller does not resign on August 1st, as stated in his resignation letter, the House Judiciary Committee will consider whether impeachment is warranted once the Judicial Conference issues its final report."

Background: The Constitution gives the House of Representatives the power and responsibility to impeach federal judges and the Senate the power to remove the accused from office after a fair and impartial hearing.

In December 2014, Chairman Goodlatte and Ranking Member Conyers sent a letter to Chief Judge Ed Carnes and Judge Gerald Tjoflat of the United States Court of Appeals, Eleventh Circuit regarding the status of the investigation of Judge Fuller and the anticipated timeline for completion of the required comprehensive written report to the Circuit's Judicial Council.

The Judicial Council of the Eleventh Judicial Circuit has now concluded their investigation and issued an order that found Judge Fuller's conduct 'might constitute one or more grounds for impeachment under article II of the Constitution.' This recommendation has been sent to the Judicial Conference of the United States which makes the final recommendation to Congress.

Link to original article from BradBlog

Read 43423 times Last modified on Wednesday, 03 June 2015 03:56

Meet the Hosts

Rev. Rodney Sadler

Dr. Sadler's work in the community includes terms as a board member of the N.C. Council of Churches, Siegel Avenue Partners, and Mecklenburg Ministries, and currently he serves on the boards of Union Presbyterian Seminary, Loaves and Fishes, the Hispanic Summer Program, and the Charlotte Chapter of the NAACP. His activism includes work with the Community for Creative Non-Violence in D.C., Durham C.A.N., H.E.L.P. Charlotte, and he has worked organizing clergy with and developing theological resources for the Forward Together/Moral Monday Movement in North Carolina. Rev. Sadler is the managing editor of the African American Devotional Bible, associate editor of the Africana Bible, and the author of Can a Cushite Change His Skin? An Examination of Race, Ethnicity, and Othering in the Hebrew Bible. He has published articles in Interpretation, Ex Audito, Christian Century, the Criswell Theological Review, and the Journal of the Society of Biblical Literature and has essays and entries in True to Our Native Land, the New Interpreter's Dictionary of the Bible, the Westminster Dictionary of Church History, Light against Darkness, and several other publications. Among his research interests are the intersection of race and Scripture, the impact of our images of Jesus for the perpetuation of racial thought in America, the development of African American biblical interpretation in slave narratives, the enactment of justice in society based on biblical imperatives, and the intersection of religion and politics.

Rev. Rodney Sadler

Co - Chair - People Demanding Action
North Carolina Forward Together/Moral Monday Movem
Radio Host: Politics of Faith - Wednesday @ 11 am

People Power with Ernie Powell

Ernie Powell has been involved in public policy, progressive campaigns and grassroots efforts since the mid 1960's. He worked as a boycott organizer with the United Farm Workers from 1968 until 1973. He then became a community organizer in Santa Monica, California involved in affordable housing advocacy while working with others in laying the foundation for one of the most progressive local rent control measures in the country. He organized on behalf of environmental and coastal access and preservation issues in California as well. Beginning in 1993 he served as Advocacy Representative and later as Manager of Advocacy for AARP in California working on national and state issues. He left AARP in 2012 to work as Field Director for the National Committee to Preserve Social Security and Medicare in Washington D.C. In late 2013 he returned to California and started a consulting business. He is a consultant with Social Security Works and is organizing groups nationally to fight for the protection and expansion of Social Security. He also consults with the California Long Term Care Ombudsman Association on issue impacting nursing home reform. He is a frequent author for Zocalo Public Square having just authored a piece on Social Security's 80th Birthday about the early impact of the Townsend Plan in building toward the passage of Social Security. Ernie has hosted two radio shows - the "Grassroots Corner" on "We Act Radio" in Washington D.C.and "the Campaign with Ernie Powell" at Radio Titans in Los Angeles. His focus for over 25 years has been on public policy issues impacting older Americans. He is a nationally recognized expert on grassroots organizing and campaigns. He is 66 years old and resides in Los Angeles, Ca.

Ernie Powell

Radio Host
Social Security Works
Los Angeles

Radio Host - Agitator Radio

Robert Dawkins is the founder of SAFE Coalition, North Carolina located in Charlotte, North Carolina. SAFE Coalition NC is a grassroots community coalition working to build public trust and accountability in NC law enforcement. We believe that critical dialogue, citizen oversight and legislative action are required to design a safe, accountable, fair and equitable system of criminal justice in our state.

Robert Dawkins

Founder
Safe Coalition, North Carolina
Charlotte, North Carolina

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