61 Retired Jurists Support Judge Charged With Helping Man Escape ICE Arrest
"The prosecution at issue in this case, if permitted to go forward, will irrevocably tip the scales of justice," the retired judges wrote in support of Massachusetts District Court Judge Shelley M. Richmond Joseph.
September 16, 2019 at 02:29 PM
4 minute read
Dozens of retired jurists have rallied behind a Massachusetts state judge indicted in April for allegedly obstructing justice by preventing an immigration official from arresting a man living in the U.S. without permission.
Massachusetts District Court Judge Shelley M. Richmond Joseph and trial court officer Wesley MacGregor face criminal prosecution for allegedly preventing a U.S. Immigration and Customs Enforcement officer from taking custody of the fugitive charged with narcotics possession. They were both indicted on one count of conspiracy to obstruct justice and two counts of aiding and abetting obstruction of justice. MacGregor also faces one count of perjury. If convicted of the obstruction charges, Joseph and MacGregor each face maximum sentences of up to 25 years in prison and fines of up to $250,000.
Prosecutors alleged the pair helped the defendant evade ICE custody in having him and his attorneys escorted through the back door of the courthouse while an ICE officer waited in the courthouse lobby.
But 61 retired Massachusetts judges showed their support for Joseph, creating the Ad Hoc Committee for Judicial Independence, which filed an amicus brief filed Monday in the U.S. District Court for the District of Massachusetts.
"The prosecution at issue in this case, if permitted to go forward, will irrevocably tip the scales of justice because it will undermine the very authorities that make balance possible," the retired judges wrote. "As argued in Joseph's motion to dismiss, the prosecution is contrary to law."
The brief added that prosecuting the judge would set a bad precedent.
"If it is crime for judges to perform judicial functions in a manner contrary to executive preferences, then federal and state prosecutors can prosecute judges whenever they deemed to have stymied the actions of law enforcement officers inside a courtroom," the retired judges wrote. "And, members of the public would have every reason to believe that their rights to due process, and to fair and public trials, will give way to the judiciary's interest in avoiding state or federal prison."
Such a prosecution "portends an unacceptable risk of criminal jeopardy that inevitably will chill the ability of state court judges to insure equal justice under the law without fear or favor to any person or point of view," the brief argued.
ICE declined to comment, citing "the fact that Judge Joseph's case is still under active prosecution by the Office of U.S. Attorney for the District of Massachusetts."
Prosecutors responded to the amicus brief Monday afternoon, arguing the committee's arguments resembled a brief already submitted by the judge's attorneys. For instance, the government claimed the committee's brief makes the same argument as Joseph, who claimed she has immunity against criminal prosecution for taking an action she considered to be "courtroom management."
"Two capable law firms representing Judge Joseph have submitted an exhaustive 31-page brief raising numerous legal arguments in support of their client's motion," U.S. Attorney Andrew Lelling wrote in the response. "The committee's proposed brief merely echoes the judicial immunity argument already fully developed in Judge Joseph's brief."
Joseph's attorney, Douglas Brooks of LibbyHoopes, did not respond to a request for comment Monday.
Matthew Segal and Daniel McFadden, both with the Boston-based American Civil Liberties Union Foundation of Massachusetts Inc., represent the ad hoc committee of retired judges. Neither attorney immediately responded to a request for comment Monday.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDC Judge Rules Russia Not Immune in Ukrainian Arbitration Award Dispute
2 minute readRead the Document: 'Google Must Divest Chrome,' DOJ Says, Proposing Remedies in Search Monopoly Case
3 minute readApple Asks Judge to 'Follow the Majority Practice' in Dismissing Patent Dispute Over Night Vision Technology
'Don't Be Afraid to Dumb It Down': Top Fed Magistrate Judge Gives Tips on Explaining Complex Discovery Disputes
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250