Pay Restored For Newton Judge Accused Of Helping Man Evade ICE

NEWTON, MA — Massachusetts' top court has issued an order to restore pay for suspended Newton Judge Shelley Joseph, who is accused of helping a man escape ICE custody, Law360 first reported.

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.

The Supreme Judicial Court issued the following order on Tuesday:

"The motion for Partial Reconsideration of Suspension Order is hereby ALLOWED as follows: the court's Order of April 25, 2019, is REVISED and it is ORDERED that Judge Shelley M. Joseph be suspended with pay from her duties as an Associate Justice of the District Court until further order of this court," reads the court document. "It is further ORDERED that Judge Joseph receive her compensation and all other benefits that would have been due to her if this Order had been issued on April 25, 2019, the date of her initial suspension."

Joseph's attorney's request for reassignment to administrative duties was denied, according to court documents. The attorney did not immediately return request for comment.

In reaction to Joseph's indictment, two Democratic district attorneys filed what they called an "unprecedented" lawsuit in federal court in April that would ban U.S. Immigration and Customs Enforcement agents from local courthouses.

RELATED:

• Newton Judge Helped Man Escape ICE: Feds
• Newton Judge's Indictment In Deportation Case 'Chilling': AG
• Newton Judge Under Investigation: Did She Help Someone Evade ICE?

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).