A federal judge arrested on charges of an Atlanta hotel assault on is his wife reported to a Fulton County judge today on his counseling.

But contrary to earlier reports from court officials, U.S. District Judge Mark Fuller was in the courtroom to report on his progress with the court-ordered programs for alcohol abuse and domestic violence, said his lawyer Barry Ragsdale.

Ragsdale, a Birmingham lawyer, said Fuller arrived with his co-counsel Jeff Brickman and documentary proof of his compliance with the court-ordered programs.

Brickman said, “He absolutely did appear in court as directed, and as per my custom, we arrived early,” Ragsdale said in an email.

Ragsdale did not say whether Fuller made his presence known to the court staff that accepted the documentation. The court officer had said Fuller wasn’t present but only the documents were necessary.

Meanwhile the federal appellate court has appointed a committee to investigate Fuller. The judge, who presides in Alabama and can only be removed by Congress has faced calls for his impeachment or his resignation from political interest groups and both U.S. senators representing Alabama.

Atlanta police arrested him Aug. 9 after his wife called 911 from their hotel room at The Ritz-Carlton. Fuller agreed to enter pre-trial diversion programs in a plea agreement with the Fulton County solicitor. He had to provide Chief Magistrate Stephanie Davis proof by Tuesday that he had received alcohol and drug treatment and enrolled in a 24-week program for those accused of domestic violence. His next appointment is in December.

If he completes the two programs, the battery charge will be dropped.