From Ray Rice to a federal judge, is the system too lenient in domestic violence cases?

U.S. District Court Judge Mark Fuller, left, waits with attorney Jeff Brickman for his case to be called in Fulton County Court on Sept. 5 to face charges of misdemeanor battery. (Brant Sanderlin/Atlanta Journal-Constitution via AP)

Story by Washington Post
Written by Diana Reece

U.S. District Judge Mark Fuller, who presides in the Middle District of Alabama, has walked away from a domestic violence case with a plea deal that avoids jail time and could expunge the case from his record. He might even be able to return to the bench. For life.

“It’s a slap in the face to victims and survivors of domestic violence,” said Ruth Glenn, interim director of the National Coalition Against Domestic Violence and herself a survivor of domestic violence. “It’s sending a horrible message.”

And it’s a lot like another domestic violence case in the news this week: that of Ray Rice. Several journalists at Southern newspapers have pointed out the similarities — and they’re calling for the removal of Fuller from the bench. Birmingham, Ala., news columnist John Archibald calls Fuller “a 56-year-old punk kid” who should be impeached. CNN’s senior legal analyst Jeffrey Toobin also chimed in, explaining that domestic abuse “is a crime to be resolved by the legal system.”

Fuller was arrested Aug. 9 after his wife, Kelli, called 911, telling the dispatcher: “He’s beating on me. Please help me.” She was treated by paramedics for cuts to her face.

According to various media reports, the couple, from Montgomery, Ala., started arguing during their stay at the downtown Atlanta Ritz-Carlton about his alleged affair with a law clerk, and it escalated into physical violence. Fuller claimed that his wife threw a glass at him and he was defending himself. Mrs. Fuller said her husband was drunk and that he pulled her hair, hit and kicked her and threw her down.

He was charged with misdemeanor battery, which can carry a sentence of up to 12 months in jail and a $1,000 fine.

He appeared in Atlanta Magistrate Court on Friday, accepting a plea deal that requires him to undergo weekly counseling through a domestic violence program for 24 weeks as well as have an alcohol and drug evaluation; if he’s successful, the charge will be removed from his record.

It feels like Fuller has failed to accept any responsibility for what happened in that Atlanta hotel room. Nor has he apologized publicly. Although his statement, released through his attorneys, does express regret, he regrets that his decision to take the plea deal “means that the full and complete facts regarding this incident will likely not come out.”

But he’s accepting the deal for “the best interests” of his family, and he goes on to say how “very embarrassing” the incident has been.

Fuller’s divorce records from 2012 included accusations of abuse, infidelity and drug use.

Fuller is receiving his annual salary of of $199,100 while he undergoes treatment, and he’s been removed from hearing cases. Meanwhile, the chief judge of the 11th Circuit has sent Fuller a complaint as part of the judicial discipline process under federal law. While impeachment is the only way to remove federal judges, who are appointed to life terms, they can be censured, reprimanded or requested to resign.

Fuller was appointed to the bench in 2002 by then-President George W. Bush. He presided over the bribery trial of former Alabama governor Don Siegelman and former HealthSouth CEO Richard Scrushy in 2006.

There are no statistics on arrest and conviction rates for those who perpetuate domestic violence, said Glenn, but “the consequences, in general, are not enough.”

It’s critical, she said, to hold abusers accountable.

She was among those attending the ceremony to commemorate the 20th anniversary of the Violence Against Women Act on Tuesday (ironic timing considering the events in the news), during which Vice President Biden called violence against women “the ugliest form” of violence and said victims need a conviction to recover.

Not a sweet deal.