61 Retired Judges Urge Court To Dismiss Newton Judge Charges

NEWTON, MA — Some 61 retired Massachusetts judges urged the federal court to dismiss obstruction of justice charges against Newton District Court Judge Shelley Joseph. t

Federal prosecutors charged Joseph with obstruction of justice in April after they said she helped an undocumented immigrant escape from a U.S. Immigration and Customs Enforcement (ICE) officer at a courthouse.

But in the new amicus brief filed by the ACLU of Massachusetts on behalf of the judges says Joseph’s alleged conduct was an exercise of court control over the courtroom.

A judge must weigh multiple constitutional considerations, including due process and access to the courts, when deciding how to respond to a federal officer’s attempt to arrest a person at a courthouse, according to an ACLU of Massachusetts release.

Law enforcement attempts to arrest someone inside a courthouse could impair a person’s Sixth Amendment right to a public trial and First Amendment right to access court proceedings.

The 61 retired judges signing onto the brief are members of an Ad Hoc Committee for Judicial Independence, and they represent a broad range of judicial experience, including the Commonwealth’s Trial Court, its Appeals Court, and its Supreme Judicial Court.

“As retired judges, [we] can state with confidence that, if this prosecution is permitted to proceed, the practical consequences for the Massachusetts judiciary will be devastating,” the judges write in the brief. “Saying ‘no’ to executive actors is part of every judge’s job. Yet, if Judge Joseph is prosecuted, every Massachusetts judge in every Massachusetts courthouse will feel a constant external pressure to refrain from actions that might antagonize federal officials. That pressure will be particularly acute in cases where noncitizens are before the court as parties or witnesses.”

Joseph and court officer Wesley MacGregor were charged with helping an undocumented man escape from Newton District Court on April 2, 2018. According to court documents, Joseph knew the ICE officer was waiting outside in the lobby to detain the man, who was facing drug charges.
Later that afternoon, the audio recording captured Joseph, the defense attorney and the ADA speaking about the defendant and the ICE detainer. According to court documents, Joseph then ordered the courtroom clerk to turn off the audio recorder, which is a violation of District Court rules. The audio was off for just under a minute.

According to court documents, when the defense attorney asked to speak with Medina-Perez downstairs, Joseph agreed, and directed MacGregor to escort the attorney and an interpreter downstairs to the lockup. MacGregor used his security access card to open the rear door and let man go at 3:01 p.m.

The investigation and subsequent suspension of the judge and court officer made national headlines. Both pleaded not guilty to the charges.

“Judicial independence is an indispensable principle in our legal system,” said Matthew Segal, legal director of the ACLU of Massachusetts. “The ACLU of Massachusetts is proud to represent these retired judges who are standing up for that principle today.”

Read the full brief:

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Patch reporter Jenna Fisher can be reached at Jenna.Fisher@patch.com or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna).