We previously discussed the arrest of U.S. District Judge Mark Fuller in Alabama for misdemeanor battery of his wife. Now members are raising the possibility of impeachment if he does not resign despite the absence of a conviction on the misdemeanor. Rep. Martha Roby (R., Alabama) is citing a rather novel source of extraconstitutional precedent: the NFL Ray Rice case.
Roby (whose father, Joel Dubina, is a U.S. circuit court judge on senior status) is willing to allow the judiciary’s disciplinary process to play out but says that the Congress should act promptly the way the NFL has done to show that “Domestic abuse cannot be tolerated, explained away or swept under the rug.”
While I am a huge Bears fan, I generally keep my love for football separate from my constitutional analysis. Indeed, next to the Pirates of Penzance, the NFL is the last group that I would look to for legal guidance on most questions.
As lead counsel for the last judge to be impeached, Tom Porteous, I would hope that members consider the constitutional rather than the NFL standard for impeachment and removal. The Good Behavior Clause in Article III, Section 1 of the Constitution, which states that all federal judges “shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.” The reference to judges holding office only “during good behavior” is often misunderstood as a standard that allows removal for simply bad behavior. In reality, while some have argued that perhaps a higher standard is meant to be imposed by the language, it has at a minimum required the showing under the Impeachment Clause in Article II, Section 4, that allows for removal of “civil officers” (which would include federal judges) in cases of “treason, bribery or other high crimes and misdemeanors.” This requires a majority of the House and two-thirds of the Senate.
Being suspended from football is not the same as being removed from the courts. Both involve people who are “benched” but that is the full extent of the analogy. It is no better an analogy than Fuller claiming that battery of a spouse is merely a form of “unnecessary roughness.” I respect the strong feelings of Rep. Roby and most people about these allegations. I share them. I also do not mean to suggest that Rep. Roby is unaware of the constitutional standard. However, there are serious issues here of both criminal and constitutional law. We can leave Ray Rice out of it. The issue should first be allowed to be fully considered by the criminal legal process and judicial disciplinary process before Congress starts any discussion of impeachment.
Source: Montgomery Advertiser
I don’t see how removal is justified for a case without conviction for a misdemeanor.
Politicians jumping on the bandwagon for personal political reasons sounds more like what is going on here.
AY
The one thing I do have to give credit, where credit is due; is to the good Professor – for (not that I can recall) – his ever deleting my critiques of his slanted positions.
LDL,
Seems you need to stay around… I apparently am the lone star cowboy here….. Seems my posts are the only ones to get deleted…. Maybe if you were here yours could disappear as well…. Lol
buckaroo- almost anything you read about Alcee Hastings is true, sadly.
Thanks AY;
and I am staying put (when time and location permits me to be online).
As Bill Maher said of Paul running for POTUS; he’d vote for him – because he sticks to his guns. So too – does the Paul here, get points for me for his stick-to-it-div’ness (misguided indoctrinate that it is). I too, used to be an indoctrinated, hardline – RW-J; until Meteor Blades from DK barked at me that I shouldn’t toss my intellect out the window – because I’m too lazy to think for myself.
The Lord of this realm needs people like you and I; for check-n-balance.
Meanwhile (as I’m drafting a supplement to my 9th Circuit “Show Cause” Response (I’m sort of encouraged that many judges and such – are actually facing justice).
In this case – the sooner impeach/resign comes – The Better!
I am getting annoyed at the constantly changing punishments. They get one punishment and then suddenly there is another one. It is unfair to the defendant. They keep moving the goal posts.
What’s the Venn diagram intersection for “behaviors that get you kicked out” of both the NFL and the Judiciary?
An enumerated list may be helpful for both participants.
I just read the Wikipedia info on Alcee Hastings of Florida & found it unbelievable, if true, that he is in Congress & occupy such important
decision making positions made available by leadership Joseph Nye Welch, we need you !!!
” I also do not mean to suggest that Rep. Roby is unaware of the constitutional standard.”
Don’t worry Professor, the rest of us here will have no trouble doing so in your stead.
Hey LDL… Stick around… Even though Paul mimics you about your typing skills on your phone….
AY – My hero!
Since the average IQ of a judge is just over 50….. He might have a claim under the ADA…..
I don’t know where people come up with this type of reasoning….
As were the remarks yesterday, on the issue of the sentence on the drug dealing judge being too harsh, because they didn’t charge him with the murder (he obviously sought benefit of); this thread – too – is obtuse to the larger picture.
Judge Fuller is a Karl Rove hack, who partnered up with U.S. Attorney Canary to railroad Governor Siegelman. Not only did they end his being the 1st Democratic Gov of Alabam’ee; but this judge [sic] put the Governor in prison, refusing bond pending appeal.
Removal (only) from the bench, still results in Judge Fuller being worth hundreds of millions from specious oil dealings and political skulduggery
See more on the issue at the Justice-Integrity Project;
where the one Judge Fuller J.I.P’d – is Governor Siegelman.
http://tinyurl.com/px23tla
JUDGE, n. A person who is always interfering in disputes in which he has no personal interest.
Just because he tried to teach his wife about right and wrong, doesn’t seem like a reason why he should be removed from his cushy job.
Aren’t judges supposed to be able to exercise wide discretion?
In a certain broad sense, its like arguing about jury nullification. Juries are not supposed to be judges of the law, they are triers of fact, but no force on earth can stop them from returning a not guilty verdict. Judge can check an abuse here with a jnov, but that’s rare of course. At the end of the day the standard for impeachment should be discussed, but how to apply that standard is going to be a political question subject to the legislature impeaching and convicting. In that role, the legislature’s authority is unassailable. I suppose one could attempt to challenge an impeachment result in a judicial proceeding, but I don’t think it’ll go anywhere.
Impeachment is such an extraordinary remedy, relatively rare, that frankly if this man is impeached and removed, its difficult to say that’s erroneous. Way I see it, the man is a judge, he beat his wife, he has lost his moral authority to judge cases.
I am sorely disappointed at this slight to the Pirates of Penzance. As a former member of this group, I can attest to the fact that they are noblemen who went wrong and that they are poor, misunderstood orphans who deserve far more respect than the NFL.
I like your emphasis on the constitutional standard. But, then you go off script at the end and state “The issue should first be allowed to be fully considered by the criminal legal process and judicial disciplinary process before Congress starts any discussion of impeachment.” There’s nothing about the written constitutional standard or past precedent that suggests impeachment is dependent upon a conviction in criminal court or should be suspended for the year plus that the judicial process is ongoing.
JT : I would hope that members consider the constitutional rather than the NFL standard for impeachment and removal.
Yeah, in the NFL, it’s about money and power. Ray Rice @ $40 million and other players on suspension with pay @ $760,000/week. Don’t forget the sponsors $$$$.
JT: Being suspended from football is not the same as being removed from the courts.
True…..Do I get an A+ on this true/false exam?
Your superb wit has been showing up more lately, JT. Love it. If this shitbird is impeached he can become a member of the august House of Representatives like Alcee Hastings of Florida.
But the wrongheaded idea of requiring a criminal conviction means that crimes of great significance to fitness to hold office will be ignored for impeachment purposes on the chance decision of a local prosecutor. This was unquestionably a crime; that one prosecutor (in court) unwisely exercised discretion to use diversion does not mean that the other prosecutors (in the House) should do so.