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	Court Moves Smoothly in Judge's Absence By Andrea J. Cook Rapid City Journal October 30, 2010 http://www.rapidcityjournal.com/news/local/article_6d3f7d64-e3cf-11df-9326-001cc4c03286.html The suspension of 7th Circuit Judge A.P. "Pete" Fuller more than three weeks ago has not hampered the delivery of justice in the circuit, according to presiding Judge Jeff Davis. "Justice is not being denied," Davis said, adding that he court schedule has not been interrupted by Fuller's absence. The South Dakota Supreme Court suspended Fuller on Oct. 7, pending an investigation into allegations that he violated the Code of Judicial Conduct. "All of the local judges are stepping up and assuming segments of (Fuller's court schedule) on a day-to-day basis," Davis said. New cases are worked into the caseload of the circuit's six remaining judges. Judge Wally Eklund's appointment in June gives the circuit a judge with few local conflicts, which helps, Davis said. Eklund practiced law in the Winner and Gregory area before joining the 7th Circuit. State Supreme Court Chief Justice David Gilbertson is working with Davis to coordinate the assignment of cases and has authorized Davis to call upon certain retired and active judges when necessary. Retired 5th Circuit Judge Eugene Dobberpuhl was recently assigned to the civil sexual abuse lawsuits filed against the Catholic Diocese of Rapid City and the Wisconsin Province of the Society of Jesus. Rapid City attorney Greg Yates represents several clients in the diocese lawsuits. Yates was initially concerned that Fuller's removal from the complex suits could cause delays. "It was not music to my ears that we lost Judge Fuller," Yates said, adding that Fuller was active in the cases and intimately familiar with them. But Dobberpuhl's expeditious appointment to the case has eased some of his concerns. The new judge "seems to be taking the bull by the horns," Yates said. Davis can also call upon retired 6th Circuit Judge James Anderson of Pierre, 4th Circuit Judge Warren Johnson of Deadwood, or 2nd Circuit Judge Gene Kean of Sioux Falls. Kean will hear a civil lawsuit in Custer County early next year, Davis said. Davis said he is striving to preserve the continuity of cases. "From a schedule-management standpoint, my first fall back would be local judges," Davis said. Judges are assigned to cases on a rotating basis. A judge who is assigned one of Fuller's cases will continue to handle that case, Davis said. The process is apparently working, local attorney Rich Huffman said. "Everyone I've talked to has been pretty happy," Huffman said. Cases are being re-scheduled with new judges within minutes or hours, not days, he said. "I don't see any problem," Huffman said. Local attorneys whose civil cases were in front of Fuller are contacting Davis to request a new judge as their cases are ready to proceed. "The system is designed to work the way it is working," Davis said. "Nobody is going to be denied justice." Contact Andrea Cook at 394-8423 or andrea.cook@rapidcityjournal.com.
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