Mr. Fuller has done the honorable thing, even if there was an inducement


See Jada F. Smith, Federal Judge to Quit Post; He Faced Abuse Charge, New York Times (May 29, 2015).*

Even if his resignation was induced under 28 U.S. Code § 354(a)(2)(B)(ii) (“If the conduct of a judge appointed to hold office during good behavior is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include—requesting that the judge voluntarily retire, with the provision that the length of service requirements under section 371 of this title shall not apply”), Mr. Fuller has done the honorable thing. For that, I applaud him.


*For prior posts on this subject, see here, here and here.

11 responses

  1. Two Americas. Those with defined benefits plan (mostly government employees) and the rest of us with Social Security. We want retirement income equality.

  2. Dear Anon.:
    Don’t worry, you will eventually get retirement income “equality.” Such a thing will happen when this country’s various defined benefit plans eventually run out of taxpayers to pay for same. Then we will all be in the soup (and, if that’s not equality then what is?).

  3. @Anon.

    The fact that others do not receive a DBP retirement is no reason for someone that does to lose his retirement.

    If you want equality in retirement income, get a job that provides for that equality. Use your DCP retirement program wisely, save extra money, whatever.

  4. Phil,

    If you read my prior posts, you would know that the law allows for an inducement to resign as an alternative to impeachment. You would also find that the impeachment of Fuller, in my opinion: (1) would be inconsistent with the precedents on impeachment and (2) would be inconsistent with the best solution (his retirement), whether or not Fuller will receive retirement payments. By the way, it is not yet clear that Fuller will get these benefits, but I speculate that it is likely.

    All the best.


  5. Ex-cop.
    Math test. With an official zero interest rate policy, how much does have smart saver have to save to generate $50k per year in interest alone?

    I recall one day how five Union firemen came to the building where I was a tenant to perform an alleged safety inspection. My thought was that here are five millionaires at age 50. Fact.

    Two Americas. Government Union workers (the 1%) and the rest of us working slobs.

  6. And the stock market grows at a rate of 6-7% annually. Set up an IRA or 401k based on mutual funds, stocks, or whatever.

    State employees in Texas contribute 9.5% of their paycheck for their retirement. If you do the same from age 25 to age 65, you would have over $850K for your retirement, or an annuity of about $4675 per month. That’s $56K annually, before you add social security. If that adds only $2K per month, you will have $80K per year. It’s entirely up to you to prepare for retirement, not society.

    So, if you don’t do what you need to provide for your retirement, don’t blame government employees. Just look in the mirror.

  7. So happy that your equity portfolio grows in a straight line at 6%.

    Did you forget about 2001 and 2008 or did those years just not happen?

  8. Want a fat retirement check at 55? Beat your wife! Quite a retirement plan you have there.

    I thought that the entire purpose of cliff-vesting was to ensure good behavior from judges. Who’s minding the store here?

  9. Outraged,

    If Fuller get’s his retirement, I would guess that it would not start until he is 65 or older.

    All the best.


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