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IN RE FULLER

No. 25756.

798 N.W.2d 408 (2011)

2011 S.D. 22

In the Matter of the Formal Inquiry concerning Judge A.P. FULLER.

Supreme Court of South Dakota.

Decided May 18, 2011.

Attorney(s) appearing for the Case

Michael J. Schaffer , Schaffer Law Office, Prof., LLC, Sioux Falls, South Dakota, Attorney for Judicial Qualifications Commission.

Jack H. Hieb , Zachary W. Peterson of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, South Dakota, and Thomas J. Nicholson of Nicholson & Nicholson, Sioux Falls, South Dakota, Attorneys for Petitioner Judge A.P. Fuller.

GILBERTSON, Chief Justice.

[¶ 1.] The Judicial Qualifications Commission (Commission) has unanimously recommended to this Court that Judge A. P. "Pete" Fuller be removed or retired as a circuit court judge. Judge Fuller has petitioned for modification or rejection of this recommendation. At oral argument, Judge Fuller's counsel recommended a public censure and reinstatement with conditions attached to it.

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