Since we last brought you the story of Judge Mark Fuller, the Alabama federal district court judge accused of domestic violence, a lot has changed: America has suddenly decided it’s a lot less tolerant of domestic violence than it was before NFL player Ray Rice’s video appeared on TMZ.

Back in August, Fuller was arrested on suspicion of domestic violence. The incident occurred at a Ritz Carlton in Atlanta; Fuller’s wife accused him of cheating on her with his law clerk. Fuller said she became angry and threw a drink glass at him. Fuller doesn’t dispute that he grabbed her hair and threw her on the ground, according to The Associated Press.

A U.S. representative from Alabama, Martha Roby, suggested that impeachment was on the table. Impeachment of a federal judge, however, is rare, and convictions are rarer still. The last federal judge to be impeached and convicted was G. Thomas Porteous in 2010, a district court judge from Louisiana who committed perjury and accepted bribes.

Article III judges “shall hold their Offices during good Behaviour,” which in the United States has historically meant judges can be impeached when they’ve been accused of a crime, or engaged in activities that undermine a judge’s objectivity. Judges have been impeached for mental instability, intoxication, abuse of power, and income tax evasion in addition to actual crimes like bribery, perjury, and sexual assault.

Where’s My Outrage? Oh, There It Is

Shelby and Sessions’ calls for resignation are notable in the face of a Congress that was eager to call for NFL Commissioner Roger Goodell’s resignation, but not Fuller’s.

Impeaching a judge for domestic violence hasn’t happened before, but given the position of public trust a judge occupies, it seems entirely appropriate.

Related Resources:

  • Alabama Judge Could Avoid Prosecution in Atlanta (The Associated Press)
  • Congress, You Can Impeach Mark Fuller (CNN)
  • Boggs Bogged Down: Why Democrats Oppose Obama Nominee (FindLaw’s U.S. Eleventh Circuit Blog)
  • 11th Circuit Gets Starring Role in Private Conflicts Audit (FindLaw’s U.S. Eleventh Circuit Blog)

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