District Court Judge Shelley Joseph is set to appear before the Massachusetts Commission on Judicial Conduct on Monday, facing allegations of willful judicial misconduct. This hearing comes after Joseph allowed a wanted illegal immigrant to escape from the Newton District Court back in 2018, while ICE agents awaited outside to detain him.
Gov. Maura Healey, a previous supporter of Joseph, will not be testifying on her behalf. Joseph, who was indicted in 2019 for conspiracy to obstruct justice by U.S. Attorney Andrew Lelling—a Donald Trump appointee—saw those federal charges dropped following President Joe Biden’s election in 2020.
Once suspended, Joseph was reinstated by the state Supreme Judicial Court. Her case highlights the increasing tension surrounding the treatment of illegal immigrants and the judicial system, setting a backdrop for comparisons with Milwaukee Circuit Judge Hannah Dugan, another judge facing similar charges.
Dugan, a Democrat like Joseph, is being prosecuted for allowing a fugitive illegal immigrant to leave through a back door while ICE agents waited. Unlike Joseph, Dugan’s case falls under the jurisdiction of the Trump administration, and if convicted, she could face up to six years in prison.
While Joseph’s legal troubles transitioned to the hands of the Massachusetts Commission on Judicial Conduct—an entity that investigates judicial misconduct—she remains without criminal charges. Joseph’s appointment to the bench had initially come from former Governor Charlie Baker, a Republican, who later described the situation surrounding Joseph’s actions as “extremely troubling”.
Baker expressed his belief that judges should not interfere with justice, suggesting that Joseph should be barred from hearing criminal cases until the matter was resolved.
Currently, Gov. Healey’s absence from the hearing might be politically prudent, particularly as ICE undertakes substantial operations against illegal immigrants in Massachusetts. This stand contrasts sharply with her previous robust support for Joseph when the federal indictment was initially announced. Back then, as the state’s Attorney General, Healey labeled the indictment as a “radical and politically motivated attack” on the state’s judiciary.
Despite Healey’s earlier strong support, she has chosen not to attend the hearing, where the Massachusetts Commission on Judicial Conduct consists of three appointees from her office, alongside three each from the Supreme Judicial Court and Superior Court.
The ongoing immigration crisis in Massachusetts has made public sentiment regarding these cases more complex. When Healey served as Attorney General, illegal immigration was less pervasive, making it a convenient stance to support judges like Joseph in their decisions.
Though the nine-member judicial commission can recommend reprimands or disciplinary actions, they do not have the authority to remove judges from their positions. The Supreme Judicial Court has the power to bar Joseph from serving on the bench or even disbar her, but actual removals from judicial positions have not occurred in over five decades.
Historically, the only case of removal occurred in 1973, involving controversial Dorchester District Court Judge Jerome Troy, who faced accusations of unethical political and business dealings. Since then, judicial removals have been exceedingly rare, with the last case involving questionable actions by a judge distinct from issues surrounding illegal immigration.
Joseph’s hearing is poised to influence the conversation surrounding judicial accountability and immigration policy in Massachusetts. With the political landscape shifting, particularly under the Biden administration, the ramifications of this case may extend beyond the courtroom.
Veteran political reporter Peter Lucas has raised questions about the implications for both the judicial system and future immigration policies in the state of Massachusetts. The unfolding situation promises to attract attention from both legal and political spheres as it continues to develop.
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