A Massachusetts judge accused of trying to help an illegal immigrant avoid arrest by ICE actually had no idea about the escape plan, and only inadvertently assisted in its execution, a state investigation has concluded.
Judge Shelley Richmond Joseph did allow the illegal immigrant to go from her courtroom back to the courthouse’s lock-up area, where the migrant’s lawyer conspired with a court officer to get the person out of the building.
But the investigation by Hearing Officer Denis J. McInerney found Judge Joseph didn’t know about those plans, and only approved the migrant’s return to the lockup because she thought he needed to consult privately with his lawyer.
Mr. McInerney specifically rejected claims to the contrary by an interpreter and a lawyer who were present, saying they weren’t credible.
Instead, he credited the testimony of Judge Joseph and another lawyer, both of whom said the judge was never told of the escape plan.
Still, Mr. McInerney recommended Judge Joseph face a public reprimand for calling an off-the-record sidebar conference, in contravention of the rules, which fueled public speculation that she was involved in helping the migrant escape.
“I find that Judge Joseph did not know about — much less authorize — the escape plan and did not mislead court authorities following the incident. However, I find that she inadvertently created the appearance of impropriety and bias,” Mr. McInerney concluded.
The case stemmed from a 2018 incident, though it has gotten renewed attention after a judge in Wisconsin was also accused earlier this year of hindering U.S. Immigration and Customs Enforcement’s attempt to take control of a deportation target near her courtroom.
Federal prosecutors charged Milwaukee County Judge Hannah Dugan with obstruction, saying she diverted ICE officers to give an illegal immigrant a chance to escape. She has pleaded not guilty.
Judge Joseph is an associate justice in the Boston Municipal Court.
The state Commission on Judicial Conduct charged her with impropriety in the 2018 incident.
During that incident, an illegal immigrant appeared in her courtroom on a local matter and an ICE officer was waiting to make an immigration arrest once the man was no longer needed by the court.
With Judge Joseph’s blessing, the man and his lawyer were allowed to go back to the lockup in a private area of the court where the man then fled out of a sallyport.
Just before the escape, the judge held the private sidebar with the lawyer.
What was said there was heatedly disputed.
One lawyer and an interpreter said they heard the migrant’s lawyer lay out his plans. But the judge and another lawyer said that didn’t happen.
Mr. McInerney found them to be more credible than the other two.
Mr.McInerney said usually a case like this would see a private reprimand but he recommended a public one in this instance. He said it was important for the public to see Judge Joseph wasn’t being punished for obstructing ICE, since he concluded she wasn’t actually involved in that.
