Mark Fuller is a federal district judge in Montgomery, Alabama, sitting on the bench in the Middle District of Alabama since he was appointed by President Bush back in 2002.
He is best known for presiding over the criminal corruption case of former Democratic Gov. Don Siegelman and businessman Richard Schrushy, a case in which he sent both to prison for lengthy terms. In fact, Fuller is known for delivering harsh sentences to defendants who face him.
Today the tables were turned. It was Fuller standing as a criminal defendant before a judge on charges of domestic violence against his wife.
Did Fate see to it that Fuller got what he deserved? Of course not.
Fuller appeared in court in Fulton County, Georgia, having been arrested at an Atlanta hotel after his wife called police to request help, saying he was beating her. Police arrived to find that she had injuries, that the hotel room reeked of alcohol and that Fuller, who claimed his wife started the incident by throwing a glass at him, had no injuries.
Fuller spent the night in jail. It is the only jail time he will spend, however, because today he was allowed to enter a pre-trial diversion program and spend 24 weeks in a rehab program of his choosing near Montgomery.
If he completes the program, the charges will be dismissed against him. The court justifies this leniency by saying it is not unusual, that others have gotten the same type of treatment. Perhaps, but I wonder how many folks who cannot afford nearly six months of rehab get that kind of consideration. I wonder how many folks who don't have the title Judge in front of their names get that kind of consideration.
Fuller apparently thinks that this whole thing is just a nuisance, that he can do his rehab thing and move on, as his statement this morning indicates.
"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, " Fuller, 55, said in a statement following a hearing in the Magistrate Court of Fulton County on Friday. "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."
In other words, he is defiant that he did anything wrong but is accepting this pre-trial program to make this case go away.
What he wants to go away is a case in which he was arrested after police found his wife with cuts on her head. She told police that Fuller kicked her, pulled her hair and threw her to the ground after she confronted him about having an affair with a law clerk. Of course, having an affair with a subordinate is a whole other matter.
Fuller is currently not hearing any cases, having had his caseload transferred to other judges by the chief judge of the 11th Circuit upon his arrest. The 11th Circuit is supposedly conducting an investigation into the incident to determine whether disciplinary action should be taken.
The 11th Circuit cannot remove Fuller. Only Congress can do that through impeachment by the Republican House (fat chance) and conviction in the Senate.
The 11th Circuit can, however, censure Fuller or issue a call for him to voluntarily resign. Judging by Fuller's attitude in his statement this morning, however, it is doubtful he will ever give up his lifetime gig without being dragged kicking and screaming.