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The Judicial Conference on Impeachment of a Former Judge

In this certification pursuant to the Judicial Conduct and Disability Act, the Judicial Conference “certifies to the House of Representatives its determination that consideration of impeachment of former United States District Court Judge Mark E. Fuller (M.D. Ala.) may be warranted.”

The Judicial Conference’s certification was based on findings that Judge Fuller had (a) repeatedly physically abused his wife, (b) lied under oath about his misconduct to the Special Committee to the Judicial Council of the Eleventh Circuit, and (c) “made false statements to the Chief Judge of the Eleventh Circuit in late September 2010 in a way that caused a massive disruption in the District Court’s operation and loss of public confidence in the Court as an instrument of justice.”

It is not surprising that these findings led to a referral to the House for possible impeachment proceedings, but it is noteworthy that the referral occurred even though former Judge Fuller had already resigned his office. As we have discussed before, whether a former officer is subject to impeachment remains an open constitutional question, but the certification of the Judicial Conference here adds to the weight of authority in support of an affirmative answer to that question. See M. Gerhardt, The Federal Impeachment Process 79 (1996) (noting “a surprising consensus among commentators that resignation does not necessarily preclude impeachment and disqualification”).

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