Reprimand sought for judge accused of helping man evade ICE

A Massachusetts state judge accused of helping an undocumented immigrant flee her courtroom should be publicly reprimanded for “inadvertently” appearing biased and violating a court rule, but she should remain on the bench, a hearing officer concluded.

Judge Shelley Joseph was not aware of the defendant’s plan to evade federal Immigration and Customs Enforcement (ICE) agents, according to a 117-page report from Denis J. McInerney of the Massachusetts Commission on Judicial Conduct (CJC).

The case drew national attention and has parallels to allegations against Milwaukee County Judge Hannah C. Dugan in Wisconsin, as both judges faced claims of helping migrants avoid ICE detention.

Joseph was accused of assisting Jose Medina-Perez, an undocumented immigrant who had been deported twice, in avoiding capture in 2018. When an ICE officer arrived at Joseph’s courtroom to take Medina-Perez into custody, a discussion ensued about his identification. Following the judge’s direction, a court clerk asked the ICE officer to wait outside, after which Medina-Perez left the courtroom with the help of a court officer and exited through a rear door.

Joseph was indicted on federal criminal charges during President Trump’s first term, but the Biden administration dropped those charges in 2022 under the condition that she submit to review by the professional conduct panel. The panel later charged her with five civil violations, citing conduct “prejudicial to the administration of justice and unbecoming of a judicial officer.”

The CJC’s special counselor recommended her permanent suspension, arguing she had “willfully” facilitated the escape and could no longer command public respect.

McInerney disagreed, stating that Joseph’s actions did not demonstrate intentional misconduct. He wrote that there was “no credible evidence” she knew of or authorized the defendant’s escape, and praised her subsequent candor and public service during her suspension.

However, McInerney noted that her statements and actions created the appearance of impropriety. He recommended a public reprimand for inadvertently violating court rules and creating an impression of bias, while clarifying that Joseph did not intentionally authorize or mislead authorities regarding the escape.

The proposed reprimand reads in part:

“Judge Shelley M. Richmond Joseph is hereby publicly reprimanded for having inadvertently created the appearance of impropriety and bias through her communications with defense counsel and the assistant district attorney during a defendant’s arraignment, and for unknowingly violating a court rule… She is not being reprimanded for any intentional misconduct.”

The report has been submitted to the Massachusetts Supreme Judicial Court, which will issue a final decision and is not required to follow McInerney’s recommendation.

Joseph’s attorney, Thomas M. Hoopes, told Bloomberg Law:

“An impartial hearing officer has finally separated fact from politically and personally motivated fiction and found Judge Joseph had no role in the escape of the defendant, and she was completely honest with her supervisors.”

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