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Mark Fuller (judge)

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Mark Fuller
Chief Judge of the United States District Court for the Middle District of Alabama
In office
2004–2011
Preceded byHarold Albritton
Succeeded byWilliam Keith Watkins
Judge of the United States District Court for the Middle District of Alabama
In office
November 26, 2002 – August 1, 2015
Appointed byGeorge W. Bush
Preceded byIra De Ment
Succeeded byAndrew L. Brasher
Personal details
Born
Mark Everett Fuller

(1958-12-27) December 27, 1958 (age 66)
Enterprise, Alabama, U.S.
Political partyRepublican
Spouse(s)Lisa Boyd (Divorced 2012)
Kelli Gross (2012–2014)
EducationUniversity of Alabama (BS, JD)

Mark Everett Fuller (born December 27, 1958, Enterprise, Alabama)[1] is a former United States district judge of the United States District Court for the Middle District of Alabama. Fuller is most recognizable for presiding over the controversial case of former Alabama Governor Don Siegelman.[2] On August 1, 2015, he resigned following a federal court investigation into allegations about spousal abuse.[3]

Education and career

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He received a Bachelor of Science degree from the University of Alabama in 1982 and a Juris Doctor from the University of Alabama School of Law in 1985.[4] He was an attorney in private practice from 1985 to 1996, when he became Chief Assistant District Attorney for the 12th Judicial Circuit of Alabama.[4]

In 1996, he was elected District Attorney of the 12th Circuit where he served until his appointment as a federal judge.[4] As the District Attorney, Fuller was criticized for giving "extraordinary wages" to staff, including increasing office investigator Bruce DeVane's "salary to almost $6,000 every two weeks" until it nearly doubled by the end of 2000, and Fuller later testified during the proceedings about the retirements he approved in 2005.[5]

On August 1, 2002, he was nominated by George W. Bush and confirmed by the United States Senate on November 14, 2002. He received his commission on November 26, 2002.[6]

U.S. v. Siegelman

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In 2004, former Alabama Governor Don Siegelman was charged with Medicaid fraud, but the day after his trial began, prosecutors abruptly dropped all charges and judge U. W. Clemon threw out much of the prosecution's evidence and stated that no new charges could be refiled based on the disallowed evidence.[7]

In 2006, Siegelman was charged again and Judge Fuller presided over the criminal trial for bribery and obstruction of justice. After a highly publicized trial that spanned several months, a jury convicted former Governor Siegelman and co-Defendant Richard Scrushy, founder and former CEO of HealthSouth, of federal funds bribery relating to Governor Siegelman's failed Alabama education lottery campaign. Prosecutors alleged that Scrushy, who supported Siegelman's 1998 gubernatorial opponent, Governor Fob James, reconciled their differences. Siegelman initially resisted, but later agreed to meet with Scrushy. According to trial testimony from a Siegelman aide, Nick Bailey, after the meeting ended Siegelman emerged with a $250,000 check and told Bailey that Scrushy "was halfway there." When Bailey asked Siegelman what Scrushy wanted for the contribution, Siegelman allegedly said, "the C-O-N Board." However, Bailey's statement was incorrect as evidence showed there was no meeting with Siegelman.[8]

The jury was deadlocked twice.[9] Fuller then told the jury they had the potential for "a lifetime job for you as a juror," noting that he had "a lifetime appointment" and was "a very patient person," and the jury convicted the following day.[10] At his first sentencing hearing, Fuller sentenced him to 88 months. Siegelman defenders argue that the sentence is unprecedented and the punishment excessive because, for example, former Alabama Governor H. Guy Hunt, a Republican, was found guilty of personally pocketing $200,000 and did not receive jail time.[11]

Siegelman appealed and on March 6, 2009, the United States Court of Appeals for the Eleventh Circuit upheld key bribery, conspiracy and obstruction counts against Siegelman and refused his request for a new trial, finding no evidence that the conviction was unjust, but struck two of the seven charges on which Siegelman was convicted and ordered a new sentencing hearing.[12] It affirmed Judge Hinkle's decision (Judge Fuller asked that a separate judge be assigned to handle the motion) that Judge Fuller need not recuse himself from the case. The Eleventh Circuit noted that recusal motions must be made before trial, but the Defense did not learn of Fuller's conflicts (see "Criticism" below) until after the trial had begun. It also upheld the jury instructions that Fuller gave to the jury prior to their deliberations.

In December 2009, Fuller then reduced Governor Siegelman's sentence by 10 months during re-sentencing,[13] leaving him with 69 months.[14]

Criticism

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Fuller was accused of acting unethically.[15][16] and criticized over his sentencing of former Alabama Governor Don Siegelman, allegedly saying in private that he would "hang Don Siegelman".[17][18][19][20] He refused to allow the defense to present well-documented evidence of selective prosecution,[21] and critics suggest he facilitated the prosecutorial misconduct that occurred in the case.[22][23][24] Fuller was criticized for refusing to allow Siegelman to remain free on appeal and the Appeals Court overruled Fuller's decision.[25] Siegelman argued that Fuller "gave the jury false instructions."[26] On October 23, 2007, in a statement to the House Judiciary Committee, the Alliance for Justice called for an investigation into Fuller's handling of the case.[27]

Scott Horton, a legal scholar, has written numerous articles about Fuller's multiple conflicts of interest in presiding over the Siegelman case in which Fuller refused to recuse himself from the case.[28][29][30] One such conflict was that Siegelman, when Governor, prompted an investigation into Fuller's "questionable [financial] practices" as District Attorney.[31] Fuller claimed that those allegations were "politically motivated",[32] but audits proved that Fuller engaged in unethical financial practices.[33][34] Siegelman supporters believe that Fuller held a grudge against Siegelman and would not recuse because he wanted Siegelman convicted, a feat accomplished with Fuller's expansive jury instructions and controversial dynamite charge.[35][36]

At Siegelman's sentencing, Fuller had Siegelman taken from the courtroom in handcuffs and leg manacles and sent immediately to prison.[37] 60 Minutes aired a report about the controversy during which Grant Woods, former Republican Attorney General of Arizona, commented, "That tells you that this was personal. You would not do that to a former governor."[8]

Investigation and resignation

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On August 9, 2014, Fuller was arrested and charged with misdemeanor battery, punishable by up to a year in jail and a fine of up to $1,000, for an incident of domestic violence involving his second wife, Kelli, following her allegation that he was having an affair with a law-clerk employee.[38] Fuller was jailed overnight following his arrest.[38]

The Eleventh Circuit Court of Appeals reassigned cases in Fuller's court to other district court judges, and would not assign any new cases to Fuller until further order of the circuit court.[39][40]

In September, he accepted a plea deal that would "expunge" the charges if he underwent a drug and alcohol evaluation, completed a counseling program, and attended a domestic violence program for 24 weeks.[41]

The Judicial Conference of the United States began looking into the accusations against Fuller.[42]

By September 2014, several state and national politicians called on Fuller to resign. Alabama Democrat Terri Sewell publicly stated Fuller should resign, and other members of Alabama's congressional delegation followed suit.[43]

On September 17, 2014, Republican U.S. Senators Richard Shelby and Jeff Sessions of Alabama, and Democratic U.S. Senator Claire McCaskill of Missouri, called on Fuller to resign from the District Court.[44]

On October 17, 2014, Sewell "threatened to begin impeachment proceedings" against Fuller if he did not resign.[45]

On May 29, 2015, Fuller sent President Barack Obama a letter of resignation effective August 1, 2015.[3]

In September 2015, a committee of federal judges who investigated Fuller told Congress it should consider impeaching Fuller despite his resignation,[46] citing as justification its determination that Fuller had engaged in "reprehensible conduct" as there was "substantial evidence" that Fuller had physically abused his wife "at least eight times" and that Fuller "was also accused of committing perjury" when denying abusing his wife.[46]

In addition, the report concluded Fuller made "false statements to the chief judge of the 11th Circuit in late December 2010 in a way that caused a massive disruption in the District Courts' operation and loss of public confidence in the court as an instrument of Justice."[47]

Personal life

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Fuller has been married twice. In 2012, he divorced Lisa Boyd Fuller, and the court records were sealed with Mark citing safety concerns and Lisa objecting, alleging Fuller "was guilty of marital misconduct and is attempting to shield himself from the public scrutiny thereof."[39][48]

That same year he married his second wife, Kelli, a former court bailiff, whom Lisa Fuller alleged had had an affair with her husband.[49]

References

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  1. ^ Hubbell, Martindale (April 1995). The Martindale-Hubbell Law Directory, Volumes 1-9; Volume 11; Volume 13; Volumes 15-17. Martindale-Hubbell. ISBN 9781561601127.
  2. ^ "Federal judge Mark Fuller bonds out of jail following battery charge". WSFA. August 11, 2014. Archived from the original on July 12, 2018. Retrieved August 12, 2014.
  3. ^ a b Smith, Jada F. (May 29, 2015). "Federal Judge to Quit Post; He Faced Abuse Charge". The New York Times.
  4. ^ a b c "Fuller, Mark E. - Federal Judicial Center". fjc.gov.
  5. ^ "RSA confident about case against DeVane". The Southeast Sun. January 30, 2005. Retrieved 2008-05-17.
  6. ^ "Presidential Nomination: Fuller, Mark E." White House. 2002. Retrieved 2008-05-17.
  7. ^ "USATODAY.com - Case dropped against former Ala. governor".
  8. ^ a b "The Prosecution of Siegelman", See 60 Minutes CBS television broadcast, Feb. 24, 2008.
  9. ^ "Siegelman jurors remain deadlocked - WAFF-TV: News, Weather and Sports for Huntsville, AL". 28 June 2006.
  10. ^ See Trial Transcript at page 7857, U.S. v. Siegelman
  11. ^ "Alabama Governor Found Guilty Of Ethics Charges and Is Ousted" The New York Times, 4/23/93.
  12. ^ "Around the Nation". The Washington Post. March 7, 2009. Retrieved April 26, 2012.
  13. ^ "Don Siegelman returns to prison Tuesday". 10 September 2012.
  14. ^ "Don Siegelman returns to prison Tuesday". Breaking News from The Birmingham News. September 10, 2012. Retrieved September 10, 2012.
  15. ^ "Fuller’s ethics called into question in suit" Archived 2013-01-03 at the Wayback Machine The Wetumpka Herald, May 16, 2012.
  16. ^ "Sex, Drugs, And Violence Are At The Heart Of Divorce Case Against Siegelman Judge Mark Fuller" The Public Record, May 22, 2012.
  17. ^ Horton, Scott (August 6, 2007). "The Pork Barrel World of Judge Mark Fuller". Harper's. Retrieved 2008-05-17.
  18. ^ "Did Ex-Alabama Governor Get A Raw Deal?". CBS News. February 24, 2008. Retrieved 2008-05-17.
  19. ^ "Chairman Conyers Releases Jill Simpson Transcript on the Prosecution of former Alabama Governor Siegelman". House Judiciary Committee. October 10, 2007. Retrieved 2008-05-17.
  20. ^ "Selective Justice in Alabama?". Time magazine. October 4, 2007. Archived from the original on October 7, 2007. Retrieved 2008-05-17.
  21. ^ "Selective Justice in Alabama?" Time Magazine, October 4, 2007.
  22. ^ "Questions About a Governor’s Fall" The New York Times, June 30, 2007.
  23. ^ "More Allegations of Misconduct in Alabama Governor Case" Time Magazine, November 14, 2008.
  24. ^ "The Partisan and the Judge" Harper's Magazine, August 8, 2007.
  25. ^ "Freed Ex-Governor of Alabama Talks of Abuse of Power" New York Times March 29, 2008.
  26. ^ "Siegelman Wants Alabama Republicans to Testify". WVTM-TV. April 7, 2008. Archived from the original on August 12, 2009. Retrieved 2008-05-17.
  27. ^ "Allegations of Selective Prosecution: The Erosion of Public Confidence in Our Federal Justice System" Archived 2010-12-05 at the Wayback Machine Alliance for Justice Statement (10/23/07).
  28. ^ "An Interview with Legal Ethicist David Luban Regarding Judge Mark Fuller" Harper's Magazine, August 7, 2007.
  29. ^ "2003 Affidavit Raises More Serious Questions About Siegelman Judge" Harper's Magazine, October 16, 2007.
  30. ^ "A Further Ethics Assessment on Judge Fuller and the Siegelman Case from Prof. Luban" Harper's Magazine, October 22, 2007.
  31. ^ "McAliley earns DA appointment from Gov. Siegelman" The Southeast Sun, December 25, 2002.
  32. ^ "New District Attorney Named" WTVY 4 News, December 23, 2002.
  33. ^ "RSA denies extra retirement funds for Devane" The Southeast Sun, December 11, 2002.
  34. ^ "RSA confident about case against DeVane" The Southeast Sun, January 30, 2005.
  35. ^ See Ilissa B. Gold, "Explicit, Express, and Everything in Between: The Quid Pro Quo Requirement for Bribery and Hobbs Act Prosecutions in the 2000s" Archived 2014-08-12 at the Wayback Machine 36 WASH. U. J.L. & POL'Y 261, 280 (2011).
  36. ^ "Judge Fuller: A Siegelman Grudge Match?" Harper's Magazine, August 2, 2007.
  37. ^ "When is a campaign donation a bribe? Supreme Court may decide: Scores of former state attorneys general urge the justices to hear the appeal of convicted former Alabama Gov. Don Siegelman." Los Angeles Times, June 2, 2012.
  38. ^ a b Eliott C. McLaughlin and John Branch, "Federal judge jailed after alleged domestic dispute", CNN.com, August 12, 2014.
  39. ^ a b Brian Lyman, Judge Mark Fuller's cases reassigned after his arrest, Montgomery Advertiser, August 13, 2014.
  40. ^ "Court announcement" (PDF). ca11.uscourts.gov/sites/default/files/courtdocs/general/Announcement.pdf. Retrieved September 7, 2022.
  41. ^ Federal judge Mark Fuller accepts plea deal in domestic violence case; could have arrest record expunged, al.com, September 5, 2014.
  42. ^ "11th Circuit Court panel hears more testimony on complaint against federal judge Mark Fuller". 11 April 2015. Retrieved 2015-09-21.
  43. ^ "Federal Judge Mark Fuller: A timeline of the domestic violence case". The Huntsville Times. September 19, 2014. Retrieved 2014-09-19.
  44. ^ Mary Orndroff Troyan and Brian Lyman, "Senators Shelby, Sessions want Mark Fuller to resign", Montgomery Advertiser, September 18, 2014.
  45. ^ Rep. Terri Sewell warns judge of impeachment, October 17, 2014.
  46. ^ a b Blinder, Alan (2015-09-18). "Mark Fuller, Former Federal District Court Judge, Could Be Impeached". The New York Times. ISSN 0362-4331. Retrieved 2015-09-21.
  47. ^ "Report: Fuller physically abused woman 8 times, lied under oath". Retrieved 2015-09-21.
  48. ^ Rhonda Cook, "Atlanta court hearing set for federal judge charged with beating wife" The Atlanta Journal-Constitution, September 4, 2014.
  49. ^ U.S. Federal Judge arrested on battery charge for allegedly beating his wife, New York Daily News, August 12, 2014.
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Legal offices
Preceded by Judge of the United States District Court for the Middle District of Alabama
2002–2015 		Succeeded by
Preceded by Chief Judge of the United States District Court for the Middle District of Alabama
2004–2011 		Succeeded by
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