Reply #76: Legal Schnauzer: Judge Fuller Under the Microscope

[L. Coyote]

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Judge Fuller Under the Microscope
Monday, October 22, 2007 - http://legalschnauzer.blogspot.com/2007/10/judge-fuller-under-microscope.html

A top legal ethicist says an affidavit from Missouri attorney Paul Benton Weeks adds to a growing body of evidence that suggests that U.S. District Judge Mark Fuller was unsuited for the Don Siegelman trial.

Scott Horton, of Harper's, interviews Professor David Luban, of Georgetown University, about key points in the Weeks affidavit (http://www.harpers.org/archive/2007/10/hbc-90001474).

Luban seems particularly struck by the fact that Siegelman, as governor of Alabama, appointed Gary McAliley to replace Fuller as district attorney when Fuller became a federal judge. McAliley proceeded to investigate Fuller's financial management of the DA's office in Pike and Coffee counties.

"The possibility of personal anger against Siegelman on Fuller's part is just the kind of thing that the judicial disqualification law tries to guard against," Luban says. "You simply can't preside over a criminal case against somebody who appointed a DA to investigate you."

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