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Judge accused of ‘willful’ misconduct after allegedly helping suspect evade ICE agents in 2018
Judge Shelley Joseph has denied the misconduct allegations and said she had no intent to assist in the man's escape.
A Massachusetts judge is facing accusations of “willful judicial misconduct” for allegedly helping an undocumented immigrant evade federal custody at a Newton courthouse in 2018 — the same incident that once saw her federally indicted.
Judge Shelley Joseph’s conduct was “unbecoming a judicial officer,” the Massachusetts Commission on Judicial Conduct alleged Monday, filing formal charges against her with the Supreme Judicial Court.
Responsible for investigating complaints and allegations of judicial misconduct against Massachusetts judges, the state agency has accused Joseph of violating the Code of Judicial Conduct by failing to comply with the law. The commission further alleges Joseph engaged in conduct disreputable to the judicial office and “prejudicial to the administration of justice.”
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The commission has asked the SJC to appoint a hearing officer and said it will schedule a public hearing within 30 to 60 days following that appointment, per a Monday press release.
“Judge Joseph looks forward to a hearing where all the circumstances finally become public,” her lawyer, Thomas Hoopes, said in a statement.
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Nominated by former Gov. Charlie Baker in 2017, Joseph had been on the bench less than a year when the April 2, 2018, incident played out in Newton District Court.
According to court documents, a man named Jose Medina-Perez came before Joseph that day for arraignment on criminal charges, including drug-related misdemeanors and a fugitive from justice charge out of Pennsylvania. He had reportedly been deported from the U.S. twice already and was barred from entering the country again until 2027.
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Joseph allegedly knew U.S. Immigration and Customs Enforcement intended to take Medina-Perez into custody and directed an ICE agent to wait outside the courtroom. As the ICE agent waited in the courthouse lobby, Medina-Perez was allegedly allowed to slip out a secured back door after Joseph conferred with lawyers on the case in an unrecorded sidebar.
Joseph was suspended in April 2019 in light of her federal indictment on obstruction of justice charges. However, federal prosecutors dropped the charges in 2022 after Joseph agreed to refer herself to the Commission on Judicial Conduct. She was reinstated later that year and is now a judge in the Boston Municipal Court.
While the commission alleges Joseph was “less than fully candid” with senior judges when initially asked about the 2018 incident, she and her legal team say otherwise. According to her 27-page rebuttal, Joseph has “fully cooperated and responded truthfully to the inquiries of her judicial colleagues, supervisors, and judicial disciplinary authorities.”
Denying the accusations of misconduct, the judge’s response also states Joseph “has attempted at all times to treat the parties before her, including Jose Medina-Perez, fairly and in accordance with the law and court policies, and to promote the fair administration of justice and public confidence in the independence, integrity, and impartiality of the judiciary.”
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Looking back on the day in question, Joseph said she expected Medina-Perez would be released on personal recognizance into ICE custody and intended to give him a chance to consult with his lawyer beforehand.
Following the court proceeding, “I assumed that the defendant was in the custody of ICE,” Joseph wrote. “I was not aware until two days later when I returned to the Newton District Court that he had not been taken into ICE custody.”
Although she said she had no intent to assist in Medina-Perez’s escape, Joseph added: “I regret the harm that my handling of the matter caused the reputation of the Massachusetts judiciary.”
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