Latest news with #CommissionforJudicialConduct
Yahoo
2 days ago
- Politics
- Yahoo
Newton judge contests her role after man evaded ICE capture at court
A district court judge from Massachusetts appeared in a disciplinary hearing on Monday after a Dominican man eluded Immigration and Customs Enforcement agents in her courthouse in 2018. Judge Shelley Joseph appeared for her hearing at 10 a.m. on Monday in the Suffolk County Courthouse, before the Commission for Judicial Conduct and a hearing officer appointed by the Supreme Judicial Court, attorney Denis McInerney. The hearing will determine whether she can remain a judge. She has been accused of helping Jose Medina-Perez, a man subject to an immigration detainer, avoid capture in April 2018 by allowing him to slip through the back door of the Newton District Courthouse where he was on trial. Medina-Perez had been charged with being a fugitive from justice based on a warrant issued in a case in Pennsylvania, and two misdemeanor counts of controlled substance violations. Joseph was indicted in 2019 on charges of conspiracy to obstruct justice, aiding and abetting obstruction of justice, aiding and abetting obstruction of a federal proceeding and perjury. A major flashpoint of the case against Joseph is what was said in a 52-second, off-the-record conversation in the courtroom that April day between her and Medina-Perez's attorney, David Jellenik. Joseph has maintained her innocence and alleged that Jellinek falsely implicated her to obtain immunity for himself, which he was officially granted in 2019 after speaking with federal authorities about the 52-second sidebar chat. The indictment against Joseph was filed while Andrew Lelling, a Trump appointee, served as U.S. Attorney for Massachusetts. However, the charges were dismissed in 2022 under Rachael Rollins, a Biden appointee, after Joseph attested to a statement of relevant facts and agreed to refer herself to the Commission on Judicial Conduct. Since then, the commission filed its charges against Joseph to kick off a process that began with Monday's hearing. The appointed hearing officer, McInerney, will issue a report with proposed findings and recommendations within 30 days of the hearing. In the Boston courtroom on Monday, Joseph's attorney, Elizabeth Mulvey, emphasized misconceptions around her client's role in Medina-Perez leaving the courthouse. 'If you were to walk down the street and take a survey of the people you meet, 100% of them would tell you Judge Joseph let an illegal immigrant out the back door of the district court,' Mulvey said. '50% of them would tell you that she's a criminal, and she should go to jail. 50% would tell you she's a folk hero for what she gave. But 100% would tell you she did it,' Mulvey said. The case has become such a part of 'local lore' in Boston that media outlets have 'dropped the niceties of alleged or charged,' she said. 'They report and make references to this incident as if a dozen people had seen Judge Joseph get off the bench, escorted the defendant to the door, gave him a hug and wished him Godspeed,' she said. In reality, it was Jellenik who was the 'mastermind' and came to Joseph with the plan to take his client out a back door, she said. Conversely, Judith Fabricant, a retired judge, presented a methodical opening statement and said the case is 'about the integrity, impartiality and independence of American justice.' Fabricant argued on behalf of the commission. Her argument on Joseph's judicial misconduct was based on that 52-second period of off-record conversation between Joseph and Jellenik in the Newton courtroom on April 2, 2018. Fabricant said the two discussed the presence of ICE in the courthouse that day and how Medina-Perez could exit the building without coming into contact with the agents. 'Judge Joseph conducted an unrecorded discussion with counsel in violation of district court ... so far, these facts are undisputed,' Fabricant said. 'What happened in those 52 seconds when they weren't recording?' she asked before relaying a timeline of Medina-Perez's escape. Joseph was the only judge sitting in Newton District Court on that day in April — the first time in her relatively short tenure as the only judge in a courthouse, according to the commission. That day, Joseph oversaw Medina-Perez's arraignment. When the case was first called, Joseph appointed a public defender for the case. The prosecutor told Joseph she was asking for Medina-Perez to be held without bail on a charge, and the case was recessed. After the first call — but before the case was called for the final time that day — Joseph learned there were ICE agents at the courthouse with a civil detainer, giving them permission to detain Medina-Perez if he were to be released from custody in Massachusetts. While the case was recessed, Joseph told the session clerk to tell the ICE agent to wait outside the courthouse or on the first floor of the building, consistent with the court's policy. During the recess, Medina-Perez retained a private lawyer. By the time the final hearing began, the commission writes, the lawyer had formulated a plan with the court officer to permit Medina-Perez to avoid ICE. The Commission for Judicial Conduct formally accused Joseph of 'willful judicial misconduct' and conduct 'prejudicial to the administration of justice.' Although it remains unclear as of Monday afternoon when the disciplinary proceedings will conclude, McInerney will issue a report within 30 days of it ending. Mass. weather: Central Mass. could see over 1 inch of rain on Tuesday Some Nantucket short-term rentals in jeopardy after land court decision Criminal defendants are being held without lawyers in Mass. as bar advocates refuse new cases Big Y plans changes to its Tower Square store Mass. labor groups rally against ICE arrest of California union leader Read the original article on MassLive.
Yahoo
2 days ago
- Politics
- Yahoo
Hearing for Massachusetts judge accused of helping man evade ICE begins Monday
A hearing with the Commission for Judicial Conduct will begin Monday regarding the case of a Newton judge accused of helping a man evade federal immigration authorities. Judge Shelley Joseph will go before the commission on June 9 at Suffolk County Courthouse. Federal authorities indicted Joseph on charges of conspiracy to obstruct justice, aiding and abetting obstruction of justice, aiding and abetting obstruction of a federal proceeding and perjury in 2019. The year before, prosecutors say, Joseph allowed a man who was subject to an immigration detainer to avoid capture by exiting through a side door of a Newton courthouse. The indictment was filed while Andrew Lelling, a Trump appointee, served as U.S. Attorney for Massachusetts. But the charges were dismissed in 2022 under Rachael Rollins, a Biden appointee, after Joseph attested to a statement of relevant facts and agreed to refer herself to the Commission on Judicial Conduct. Since then, the commission has filed its charges against Joseph, kicking off a process that begins with the June hearing. A hearing officer appointed by the Supreme Judicial Court, in this case, attorney Denis McInerney, will issue a report with proposed findings and recommendations within 30 days of the hearing. The commission then submits a report and recommendations to the SJC, at which point Joseph can request an additional public hearing. The SJC will then issue a final determination on discipline, either adopting the commission's recommendation or imposing greater or lesser punishment. Joseph has denied all wrongdoing, writing in a statement that she 'has attempted at all times to treat the parties before her ... fairly and in accordance with the law and court policies, and to promote the fair administration of justice and public confidence in the independence, integrity and impartiality of the judiciary.' Massachusetts state law bars defendants from being held solely on a civil immigration detainer. But in Joseph's case, she is accused of helping a man, Jose Medina-Perez, avoid ICE agents in Newton District Court in part by letting him exit out the back door. Joseph has been earning her six-figure-a-year salary since her arrest. State payroll records show she was paid more than $200,000 in each of 2023 and 2024. Her case has similarities to that of Wisconsin Judge Hannah Dugan, who was taken into custody by the FBI in April. Dugan is also accused of allowing a man to escape ICE detention and has since been suspended by the state's supreme court. Dugan is being represented by at least six lawyers, the Milwaukee Journal Sentinel reported. Her trial is scheduled for next month. Ex-con arraigned on home invasion and armed robbery charges Rally to be held in Boston in response to ICE raids in LA 'Devastated' music legend cancels more shows due to health issues How a Springfield agency's mission evolved since its founding after the Civil War Lynnfield racist graduation incident highlights earlier concerns brought to school committee Read the original article on MassLive.
Yahoo
01-05-2025
- Politics
- Yahoo
Mass. judge accused of helping man evade ICE to go before state panel in June
The Commission for Judicial Conduct will hear the case in June of a Newton judge accused of helping a man evade federal immigration authorities, its executive director confirmed. Judge Shelley Joseph will go before the commission on June 9, Executive Director Howard Neff wrote in an email to MassLive. The exact location and time of the hearing have yet to be determined. Federal authorities indicted Joseph on charges of conspiracy to obstruct justice, aiding and abetting obstruction of justice, aiding and abetting obstruction of a federal proceeding and perjury in 2019. The year before, prosecutors say, Joseph allowed a man who was subject to an immigration detainer to avoid capture by exiting through a side door of a Newton courthouse. The indictment was filed while Andrew Lelling, a Trump appointee, served as U.S. Attorney for Massachusetts. But the charges were dismissed in 2022 under Rachael Rollins, a Biden appointee, after Joseph attested to a statement of relevant facts and agreed to refer herself to the Commission on Judicial Conduct. Since then, the commission has filed its charges against Joseph, kicking off a process that begins with the June hearing. A hearing officer appointed by the Supreme Judicial Court, in this case, attorney Denis McInerney, will issue a report with proposed findings and recommendations within 30 days of the hearing. The commission then submits a report and recommendations to the SJC, at which point Joseph can request an additional public hearing. The SJC will then issue a final determination on discipline, either adopting the commission's recommendation or imposing greater or lesser punishment. Joseph has denied all wrongdoing, writing in a statement that she 'has attempted at all times to treat the parties before her ... fairly and in accordance with the law and court policies, and to promote the fair administration of justice and public confidence in the independence, integrity and impartiality of the judiciary.' Massachusetts state law bars defendants from being held solely on a civil immigration detainer. But in Joseph's case, she is accused of helping a man, Jose Medina-Perez, avoid ICE agents in Newton District Court in part by letting him exit out the back door. Her case has similarities to that of Wisconsin Judge Hannah Dugan, who was taken into custody by the FBI late last month. Dugan is also accused of allowing a man to escape ICE detention and has since been suspended by the state's supreme court. Joseph has been earning her six-figure-a-year salary since her arrest. State payroll records show she was paid more than $200,000 in each of 2023 and 2024. Armed intruder broke into '90s rocker's home after she sold her Tesla Despite low ratings, voters say Trump handles presidency better than Harris Mass. police watchdog revokes 5 officers' certifications: 'Not fit for duty' Thunderbirds raise nearly $40K for Rays of Hope Foundation Popular Florentine sandwich shop opening soon in Boston Read the original article on MassLive.
