SD Supreme Court disciplines circuit judge

Ethics

The South Dakota Supreme Court has ruled that Circuit Judge A.P. "Pete" Fuller of Rapid City must retire or undergo a six-month suspension followed by strict probation for misconduct that involved mistreating lawyers, court personnel and others.

The Judicial Qualifications Commission had recommended that Fuller be removed from office or forced to retire because he repeatedly displayed a lack of courtesy and respect for lawyers and court staff.

The case marked the first time in the 121-year history of the South Dakota judicial system that the Supreme Court had been asked to remove a judge from the bench.

In a hearing last month, Fuller told the high court he is ashamed of his behavior but believes he could return to the bench and be an effective judge.

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Texas Adopts Statewide Texting-While-Driving Ban

Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.

Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.

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