Thursday, September 11, 2014

Should Judge Fuller resign?

Another district judge and blogger -- Judge Kopf -- strongly says yes:
I would not waste the effort trying to impeach him. I know something about impeachment having actually tried such a case before the Nebraska Supreme Court where I sought to oust Nebraska’s Attorney General. I doubt that you would ever get the House to act and any such action would probably not succeed as a legal matter even if you did. By the time it got to trial in the Senate, under his plea deal, the conviction would no longer exist. It will have been erased.
Instead, the Chief Judge of the Circuit and the Circuit Judicial Council should strip him of his ability to hear cases for as long as the law allows. See 28 U.S. Code § 354(a)(2)(A)(i) (“ordering that, on a temporary basis for a time certain, no further cases be assigned to the judge whose conduct is the subject of a complaint”). They should also publicly reprimand him and formally request that he resign. Id.§ 354(a)(2)(A)(ii-iii) & § 354(a)(2)(B)(ii). Pay him forever as an inducement to resign–the statute gives them that leverage. I don’t care. That’s chump change. Just neuter him for as long as possible. Approach this process practically and quickly. But be tough.
I don’t care about punishing Judge Fuller. I don’t want to hurt his family. I just want him off the bench for as long as possible. Why? It is very simple. Given what happened in that hotel room, no one should trust his judgment in a federal trial courtroom. That courtroom is a hallowed place where trust in the one person wearing a black robe is absolutely indispensable.*
*By the way, this has nothing to do with the Ray Rice case.
I see that Kopf says that this has nothing to do with the Ray Rice case, but this is bad timing for Fuller of course.

I also wonder whether Judge Kopf thinks any federal judge who enters into a diversion program should resign?  What about marijuana possession?  What about DUI? (Sadly, these things happen with some regularity in Florida state courts...)


What say you?

7 comments:

Anonymous said...

Fuller should go; but he won't; and nobody will do anything about it.

Anonymous said...

I think any judge who enters into a diversion program should resign - or be stripped of duties.
There has to be some way to fire a judge?
I don't think football players should be forced to quit - or fired.
The difference?
The law, trust and judgment are essential elements of a Judge's employment. They have nothing to do with the job for a person who catches passes or tackles people.

Anonymous said...

Wait a second. This guy is hearing cases on senior status and he has this blog?

Golly. Seems . . . imprudent.

Anonymous said...

Kopf has overstepped his bounds.

Anonymous said...

I agree with Judge Kopf. Fuller should be marginilized and forced to resign, but he won't. And the other judges won't do what they need to to make him.

MC Waste Services, Inc said...

Kopf is free to speak his mind, he is physically sick and is able to tell anyone when they are wearing no clothes. It is refreshing to read his takes on most things, including 2255 matters...One day we will all meet our makers and we will rejoice in the freedom to finally tell people what we truly think. God bless him!

MC Waste Services, Inc said...

you can buy all the ak-47s you want and use them against your fellow young blacks but just dont ship the craziness to another country...WE WONT STAND FOR THAT!

http://www.miamiherald.com/2014/09/12/4344245/bolivian-man-charged-with-smuggling.html