798 N.W.2d 408
S.D.2011Background
- The Judicial Qualifications Commission unanimously recommended Judge A. P. Fuller be removed or retired for willful misconduct and prejudicial conduct.
- Judge Fuller petitioned for modification or rejection; counsel proposed public censure with conditions.
- Court conducted independent review and found clear and convincing evidence of misconduct meriting retirement, with a stay possible upon condition consent.
- Findings show a long pattern of disrespectful, abusive, and biased behavior by Fuller across multiple years and cases.
- Key conduct included profanity toward staff, belittling clerks and attorneys, ex parte communications, inappropriate remarks about women and Native Americans, and racist accusations toward law enforcement.
- The Court noted the gravity of public trust in the judiciary and that discipline serves to restore confidence in the judiciary while protecting the system.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of proof and independent review | Fuller argues procedural shortcomings. | Commission should be enough to sustain findings. | Clear and convincing evidence supports the sanction. |
| Due process notice adequacy | Not all charges explicitly in the body of the complaint. | Complaint sufficiently informed Fuller of the charges. | Notice adequate to inform and permit defense. |
| Appropriate sanction | Removal excessive; rehabilitation possible. | Discipline appropriate to protect public trust. | Involuntary retirement with stay conditioned on rehabilitation and probation. |
| Prescription of sanctions under Article V, § 9 | Sanction must reflect willful misconduct and disrepute. | Conduct constitutes prejudicial action bringing office into disrepute. | Sanction grounded in constitutional standard; retirement appropriate. |
Key Cases Cited
- In re Discipline of Ortner, 2005 S.D. 83, 699 N.W.2d 865 (S.D. 2005) (judicial discipline standards and public trust in judiciary)
- Heuermann, 90 S.D. 312, 240 N.W.2d 603 (S.D. 1976) (standard of proof and independent review in JQC proceedings)
- Kneifl, 351 N.W.2d 693 (Neb. 1984) (sanction design and purpose in disciplinary matters)
- In re Disciplinary Proceedings Against Ziegler, 750 N.W.2d 710 (Wis. 2008) (discipline design to preserve integrity of judiciary)
- Republican Party of Minn. v. White, 536 U.S. 765 (U.S. 2002) (public confidence and judicial integrity; free speech considerations)