The Massachusetts Supreme Judicial Court on Thursday issued a public reprimand against District Court Judge Shelley Joseph over a 2018 case in which she was accused of enabling an immigrant to escape U.S. Immigration and Customs Enforcement. The court found that Joseph created an appearance of impropriety and failed to comply with the law, following a hearing officer’s recommendation to the Commission on Judicial Conduct.
Joseph had been accused of colluding with the immigrant’s attorney and a court officer to allow him to leave through a courthouse back door after a hearing on charges that included drug possession. The Supreme Judicial Court focused on Joseph’s statements during a conversation, her proposal to detain the immigrant overnight in state custody and her instruction to the clerk to turn off the courtroom audio recording system.
“The respondent’s statements during that conversation, including her proposal to detain (the immigrant) overnight in State custody, and her conduct in instructing the clerk to turn off the court room audio recording system, created an appearance of impropriety in violation of her duties,” the Supreme Judicial Court ruling said.
Joseph’s attorney, Elizabeth Mulvey, argued before the commission last year that the case had become distorted. She said public accounts created the impression that Joseph had personally escorted the defendant from the bench, while opinion had divided between those who believed Joseph should be jailed and those who viewed her as a “folk hero.”
Mulvey said Thursday that the proceedings had amounted to an “incredibly long and difficult eight years for Judge Joseph.” In a statement, she characterized the federal prosecution as baseless and attributed the relevant conduct solely to the defense lawyer involved. Mulvey said Joseph was grateful to those who supported her and looked forward to rejoining her colleagues.
The case resembles that of former Wisconsin judge Hannah Dugan, who was convicted in December of felony obstruction for helping a man evade immigration authorities. Dugan had escorted the man and his lawyer through a jury door after learning that immigration authorities were seeking his arrest; agents later took him into custody outside the courthouse after a foot chase. Dugan resigned her Milwaukee County circuit judgeship in January amid threats of impeachment.