MA Judge who admitted to facts for helping man escape ICE can return to bench with case now dropped

BOSTON — A Massachusetts judge who was suspended from the bench in 2019 after being federally accused of helping a man escape from a Newton court and from the custody of immigration officials will get her job back.

Judge Shelley Joseph admitted to relevant facts in the case in September, and the federal charges were dropped.

The Massachusetts Supreme Judicial Court previously suspended Joseph “...based solely on the fact that she had been indicted for alleged misconduct in the performance of her judicial duties.”

In an order posted Wednesday, the SJC reversed that decision.

“The charges in the indictment against the judge have now been dismissed... The order of suspension, therefore, is terminated, effective immediately.”

Joseph was indicted in April 2019 in the District of Massachusetts on obstruction of justice charges for allegedly preventing an ICE Officer from taking custody of an “alien defendant.”

Joseph and retired court officer Wesley MacGregor were accused of allowing the man that ICE was after to escape from her courthouse.

Joseph admitted to facts in the case in September. In a statement then, the US Attorney’s office said “This will resolve the entirety of the pending federal prosecution.”

The case dates back to a hearing in 2018.

“This case is about the conduct of a sitting state court judge, on the bench, in the course of her judicial duties. Its purpose has been to shed light on, and, as warranted, to secure accountability for that conduct,” said U.S. Attorney Zachary Cunha at the time.

According to that September agreement, Judge Joseph agreed that she will not contest the accuracy of a statement of facts that showed “Joseph knew that an ICE officer was present in the courthouse waiting to take custody of (the defendant) if he was released from state custody. Joseph directed a court clerk to request that the ICE officer remain outside the courtroom in accordance with the practice of the presiding justice in Newton District Court. This direction was contrary to the DHS policy, which reflects, consistent with Supreme Court precedent and constitutional guarantees, that courthouses and courtrooms are public spaces and open to the public absent extraordinary circumstances not present here.”

“The ICE officers learned about (the defendant’s) release after it happened. (The defendant) was not taken into ICE custody on April 2, 2018.”

Judge Joseph had previously argued that, as a state district court judge, she was immune from federal prosecution for the conduct alleged in the indictment. That immunity, she argued, protected her against not just conviction, but also against prosecution.

At the same time, Joseph referred herself to the Massachusetts Commission on Judicial Conduct, which investigates judicial misconduct. That review continues. Joseph’s attorney William Keating says he is hoping for a speedy resolution of the matter before the commission, arguing Joseph did not violate the rules of the court.

It’s unclear what court Joseph might return to, or when she might start hearing cases.

Joseph’s attorney tells Boston 25 that her return to work may happen soon, and Joseph has no preference for where she ends up.

“She is eligible to go back on the bench and is likely to return next week. The earlier the better,” said Keating.

“She is very anxious to do it,’ said Keating. “She’s always wanted to be a judge. She is highly qualified.”

This is a developing story. Check back for updates as more information becomes available.

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