A Massachusetts judge could lose his job after allegedly helping an illegal alien arrested on drug charges several years ago escape from ICE agents.
In April 2018, just a few months after she joined the Massachusetts District Court, Judge Shelley Joseph presided over a hearing for Jose Medina-Perez. From Dominican Republic They were expelled from the United States in 2003 and 2007.
“Is ICE going to get him?” …What if they take him into custody? ”
Medina Perez was arrested on two misdemeanor drug possession charges and a charge of escape. ICE considers him a “deportable alien,” and agents were on hand at the courthouse to take him into custody once he is released from the state.
During the hearing, Judge Joseph ordered ICE agents to wait outside the courtroom, which appeared to cause concern to several court officials.
According to press release In testimony from the Judicial Conduct Committee, the defense attorney digressed during the hearing and said, “If he gets bail…ICE will come and pick him up.”
Joseph then responded, “Is ICE going to get him? … What would you do if they took him into custody?”
After a while, the defense attorney asked if he could speak to Judge Joseph. off the record. The judge then asked for a temporary halt to the formal recording of the proceedings, in clear violation of state law. The press release said the recording was stopped for approximately 52 seconds.
During those 52 seconds, the defense attorney allows the defendant to escort his client to a locked area so he can slip through the “sally port exit at the rear of the courthouse” and avoid waiting ICE agents. He is said to have requested that. says the press release.
As the court recording resumed, the defense attorney stammered, “I'd like to ask him, um, I think there's some property downstairs. I'd like to talk to him downstairs, preferably with an interpreter,” the press release said. claims. He cited court records.
Judge Joseph agreed: “That's fine. Of course.” She then reiterated to the court clerk that her attorney “asked me to have an interpreter come downstairs for further questioning, which I allowed.”
After another pretrial hearing was scheduled, Medina-Perez, his attorney, an interpreter, and another court official headed to the detention area. “Once in the locked-down area, court personnel used a security access card to open the rear doorway of the courthouse and released the defendant through the doorway and out of the courthouse,” the press release said.
When asked about Medina Perez's apparent flight from court, Judge Joseph reportedly replied: “I thought the defendant was in ICE custody. I didn't realize he wasn't in ICE custody until he returned to Newton District Court two days later.” ”
She later added, “I regret that my response to this matter has tarnished the reputation of the Massachusetts judiciary.”
“This judge should never serve as a judge again. This type of reckless behavior has no place in our courtroom.”
Judge Joseph was also charged with federal crimes and was temporarily suspended from the court in connection with the case, but prosecutors later decided to drop those charges after Judge Joseph promised to refer the case to the Massachusetts Commission on Judicial Conduct. Agreed.
Joseph returned to the courtroom and eventually moved to Boston Municipal Court, where he currently practices.
On Monday, the Judicial Conduct Commission formally charged Joseph with violating the Code of Judicial Conduct.
The commission further argued that her actions that day amounted to “willful judicial misconduct, conduct detrimental to the administration of justice, unbecoming of a judicial officer, and bringing the judiciary into disrepute.”
Hearings on these non-criminal charges will be held within 60 days after the hearing officer is appointed to preside. Depending on the outcome of the hearing, Joseph could be removed from the bench.
In a rebuttal to the accusations, which was also included in the press release, Joseph denied knowingly assisting Medina-Perez and said he would “fully cooperate with the investigation by his judicial colleagues, supervisors, and judicial disciplinary authorities. “I responded in good faith,” he said. She admitted that she “unknowingly” violated state law when she paused the official court recording.
Judge Joseph “looks forward to the hearing where all the circumstances are finally made public,” attorney Thomas Hoopes said in a statement, according to the newspaper. boston.com.
Paul Craney of the Massachusetts Fiscal Alliance called the entire situation “unfortunate.”
“It is unfortunate that this reckless judge decided to defy our law enforcement agencies, which are responsible for keeping the public safe. This judge should never serve on a court again. This kind of “'s reckless conduct has no place in our nation's courts,” Craney said. said in a statement to Blaze News.
Medina Perez appeared to be able to successfully flee from ICE that day, but ICE arrested him two weeks later. In December 2021, he was “held without bail due to identity issues,” court records also show. However, all charges against him related to this hearing were ultimately dropped.
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