Senators Shelby, Sessions want Mark Fuller to resign

Alabama's two U.S. senators on Wednesday called for U.S. District Judge Mark Fuller to step down from the bench, joining a growing chorus of federal lawmakers seeking the judge's resignation after his arrest on domestic violence charges last month.

Fuller, 55, was arrested early on the morning of Aug. 10 and charged with misdemeanor battery. According to a police report, Fuller's wife, who had lacerations to her mouth and forehead, said the judge threw her to the ground, pulled her hair and kicked her after she confronted him over an alleged affair with a law clerk.

The judge, who was appointed to the U.S. Middle District for Alabama in 2002, agreed to enter a pre-trial diversion program earlier this month. The 11th Circuit Court of Appeals has reassigned his caseload and has launched an investigation of Fuller's actions.

"The American people's trust in our judicial system depends on the character and integrity of those who have the distinction and honor of sitting on the bench and I believe Judge Mark Fuller has lost the confidence of his colleagues and the people of the state of Alabama and I urge him to resign immediately," Sen. Richard Shelby, a Republican, said in a phone interview.

U.S. Rep. Terri Sewell, D-Birmingham, called for Fuller's resignation last week, saying he had "violated the public trust." Earlier on Wednesday, Sen. Claire McCaskill, D-Mo., said on her Twitter account that Fuller should resign. U.S. Rep. Martha Roby, R-Montgomery, issued a statement Tuesday saying that "domestic abuse cannot be tolerated, explained away or swept under the rug," and raised the possibility of Fuller's impeachment.

Shelby said he called Fuller to alert him that he was going to publicly call for his resignation. A message left with Barry Ragsdale, an attorney for Fuller, was not immediately returned Wednesday afternoon.

Later in the afternoon, Sen. Jeff Sessions joined in the calls.

"Judge Fuller's unacceptable personal conduct violates the trust that has been placed in him," Sessions said in a statement. "He can no longer effectively serve in his position and should step down."

In a transcript of a 911 call from the room, a woman told a dispatcher she needed an ambulance.

"He's beating on me," the woman said. "Please help me."

Fuller did not have any visible injuries. "When asked about the lacerations to her mouth, Mr. Fuller stated that he just threw her to the ground and that was it," the report said.

Asked if the House should consider impeaching Fuller, Shelby said he couldn't comment because the Senate would have to sit in judgment of whatever the House decides.

"Right now he needs to go," Shelby said.

Federal judges are appointed for life, but the circuits can ask for voluntary resignations from sitting judges, or refer cases to Congress for possible impeachment.

Updated at 3:45 p.m. to properly attribute quote to U.S. Rep. Terri Sewell, D-Birmingham.