Gov. Maura Healey ought to come to the aid of District Court Judge Shelley Joseph.
She could do so by testifying on her behalf before the Massachusetts Commission on Judicial Conduct June 9. So could former Gov. Charlie Baker.
Baker appointed her. Healey supports her.
The hearing is over Joseph’s alleged “willful judicial misconduct” which stems from her allowing a wanted illegal immigrant to flee out the back door of the Newton District Court In 2018 to avoid ICE agents waiting out front to scoop him up.
Healey, along with Boston Mayor Michelle Wu, supported Joseph’s action.
Joseph, a Democrat, was appointed to the bench by Republican Gov. Charlie Baker. So maybe he could come to the hearing too.
The case against Joseph was pursued by then U.S. Attorney Andrew Lelling, a Trump appointee who had her indicted on federal charges.
It is like the recent case of Milwaukee Circuit Judge Hannah Dugan, a Democrat like Joseph, who also allowed a wanted illegal immigrant to sneak out the courthouse back door to elude waiting ICE agents.
The difference is that after Joe Biden defeated Donald Trump in 2020, the federal charges against Joseph were dropped. Lelling resigned. Now that Trump is back Dugan, already suspended, faces six years in prison if convicted.
Had Trump been around, Joseph would have faced the same fate as well.
It is a perfect example how no one is above the law—except some people.
Now, with no criminal charges against her, the commission can only recommend to the Supreme Judicial Court that Joseph be censored or disciplined. It cannot remove her.
Nor can the SJC.
The nine-member commission is made up of three appointees of the governor, and three each by the chief justices of the SJC and the Superior Court. The governor appoints all the judges, including the seven members of the SJC.
Under Massachusetts law, as quoted by the commission, “Neither the Commission nor the Supreme Judicial Court has the power to remove a judge from the bench.”
That power rests with the Democrat-controlled Legislature in coordination with the Democrat -controlled Governor’s Council and the governor, who happens to be Healey, a Joseph supporter.
Upon Joseph’s indictment on federal conspiracy charges, Healey, then attorney general and the state’s “chief law enforcement officer,” called the indictment “a radical and politically motivated attack on our state and the independence of our courts.”
While neither Healey nor Baker are expected to show up at the hearing and testify on Joseph’s behalf, you can see which way the wind is blowing.
The timing of the hearing, though, could not come at the worst time considering the increased activity in Massachusetts and elsewhere by ICE (Immigration and Customs Enforcement) agents rounding up criminal illegal immigrants.
A case in point was the near riot of protestors in Worcester last week when demonstrators attempted to physically halt ICE agents attempting to detain an illegal immigrant accused of assaulting her pregnant 16-year-old daughter.
Another example is the attempt by New Jersey politicians rioting to break into an ICE detention facility holding illegal criminal immigrant murders and rapists to allegedly check on their condition.
Whoever thought we would reach a point in the country where Democrat politicians are fighting to break into prison rather than fighting to stay out?
They were no doubt counting on a Democrat judge to let them out the backdoor.
No one is above the law– except connected people who are
Veteran political journalist can be reached at: peter.lucas@bostonherald.com.
