Hearing Officer Recommends Public Reprimand for Judge Shelley Joseph
A judge can only be removed from office for disciplinary reasons by an act of the Legislature. A hearing officer has recommended that a state disciplinary panel publicly reprimand Judge Shelley Joseph. The recommendation follows findings that she was unaware of an "escape plan" used by a defendant to evade immigration authorities in her Newton courtroom in 2018.
The incident occurred amidst President Trump's first-term immigration crackdown and drew national attention. While Judge Joseph was criticized for creating an “appearance of impropriety” during the event, the hearing officer clarified she did not knowingly participate in the escape plan.
Details of the Investigation and Findings
The findings were detailed in a 117-page report released by the state Commission on Judicial Conduct, concluding a legal saga spanning about seven years. At one point, Joseph faced federal criminal charges that were later dropped.
Hearing officer McInerney stated that Judge Joseph should be publicly reprimanded because she “inadvertently created the appearance of impropriety and bias” in her dealings with lawyers during the defendant’s arraignment. However, McInerney identified defense attorney David Jellinek and court officer Wesley MacGregor as the individuals who actually planned to evade immigration agents.
“Judge Joseph’s clear statements on the record, and her other undisputed actions on April 2, 2018, strongly support that she did not authorize Attorney Jellinek’s escape plan.”
The commission now has the authority to recommend appropriate disciplinary action to the Supreme Judicial Court.
Summary
This case highlights the complex challenges judges face in politically charged immigration matters, balancing legal duties against public perception.