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Judge accused of ‘willful misconduct’ for letting illegal immigrant escape court
Judge Shelley Joseph is being hit with charges of “willful judicial misconduct” for bringing “disrepute” to the courts for allowing an illegal immigrant to escape ICE arrest in 2018.
In a scathing rebuke, the state’s Commission on Judicial Conduct hits Joseph — now assigned to Boston Municipal Court, earning $207,855 a year — for violating the “Code of Judicial Conduct” by “failing to comply with the law.”
Joseph was charged by former U.S. Attorney Andrew Lelling, a Trump appointee, of helping a twice-deported illegal immigrant evade federal immigration officials in 2018 while in her Newton court.
Those charges were dropped and the case kicked over to the Commission on Judicial Conduct which set forth its stinging summary of the case that now falls under the jurisdiction of the Massachusetts Supreme Judicial Court.
The commission rattles off a series of charges — including Joseph’s failure “to cooperate and be candid and honest with judicial disciplinary authorities.”
The commission is asking the SJC to appoint a hearing officer — often a retired judge — to “preside over a public hearing” on all the facts.
Attorney Thomas Hoopes, who has defended Joseph every step of the way, told the Herald Monday night they welcome that public hearing.
“Judge Joseph looks forward to a hearing where all the circumstances finally become public,” Hoopes said in a statement.
The commission will ultimately make recommendations to the SJC on what, if any, punishment Judge Joseph should face, up to losing her job.
This case has been at the core of the sanctuary city movement in Massachusetts where cities and towns, Gov. Maura Healey and Boston Mayor Michelle Wu, have openly vowed to thwart immigration agents attempting to arrest illegal immigrant criminals.
In this particular case, the commission states the migrant, Jose Medina-Perez, 38, of the Dominican Republic, came before Judge Joseph on April 2, 2018, on criminal charges including being a fugitive from justice out of Pennsylvania and two drug violations.
Two ICE agents “were present in the Newton District Court,” the charging papers state, armed with a detainer to grab Medina-Perez as “a deportable alien.” They were told to wait in the lobby.
Later that day Judge Joseph allowed Medina-Perez to go downstairs where he slipped out the rear “sally-port exit of the courthouse,” the commission states, adding the judge gave a “reasonable impression” that she was allowing the defendant to escape from the ICE agents.
Judge Joseph held part of the conversation about how to handle the immigration officers off the record with “approximately 52 seconds” not recorded, the commission states. That is a key point in this case.
“Judge Joseph was less than fully candid,” the commission adds, and later “misleading” about the mess to a senior judge.
ICE ultimately caught up to Medina-Perez.
https://en.wikipedia.org/wiki/United_States_v._Joseph
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