On Tuesday, June 17, 2025, the Boston Herald reported that a misconduct hearing concluded for a Massachusetts judge accused of assisting a man in evading immigration authorities.
The Commission on Judicial Conduct (CJC) recommended an indefinite suspension without pay for Judge Shelley Joseph, citing her alleged role in helping a twice-deported individual avoid Immigration and Customs Enforcement (ICE) in 2018.
The hearing, which ended on Monday, focused on events from April 2, 2018, when Jose Medina-Perez appeared in Joseph’s Newton District courtroom facing drug and fugitive-from-justice charges. ICE agents were present in the courthouse’s front lobby to apprehend Medina-Perez, who was also subject to a civil detainer. Federal charges, later dropped, alleged that Joseph knowingly aided Medina-Perez’s defense attorney, David Jellinek, in a plan to help him exit through a backdoor to avoid ICE custody. As part of the resolution of those federal charges, Joseph agreed to a CJC review.
The CJC’s special counsel, Judith Fabricant, argued that Joseph’s actions constituted willful judicial misconduct, tarnishing the judiciary’s reputation. Fabricant accused Joseph of violating court rules by engaging in an off-the-record conversation with Jellinek and the assistant district attorney during a sidebar discussion. She further alleged that Joseph displayed bias and failed to be fully transparent with other judges, the special counsel, and the hearing officer investigating the incident.
Fabricant recommended a public reprimand, workplace monitoring, and an indefinite suspension without her $207,855 salary. She also suggested referring the matter to state lawmakers, who have the authority to remove judges, as the CJC lacks that power.
Joseph’s attorney, Thomas Hoopes, defended her, arguing that Jellinek, who received immunity from federal prosecutors to testify, was an unreliable witness with a history of deceit. Hoopes contended that Jellinek orchestrated the plan to help Medina-Perez avoid ICE, while Joseph was merely adhering to the state’s Lunn decision, which prohibits court officers from detaining individuals based on civil ICE detainers. Hoopes emphasized that Joseph learned of Medina-Perez’s evasion only two days later from First Justice Mary Beth Heffernan.
Jellinek testified that during a 52-second off-the-record sidebar, he informed Joseph of his intent to use a backdoor typically used by court officers for criminal defendants to help Medina-Perez exit unnoticed. He acknowledged that his actions pushed ethical and legal boundaries, but maintained that he acted within the law to advocate for his client.
The hearing, which spanned six days, culminated in closing arguments on Monday. Hearing Officer Denis McInerney stated that parties have until July 3 to submit post-hearing briefs and until July 10 to file responses. A written report and recommendation will be issued to the CJC within 30 days thereafter. The final outcome regarding any disciplinary action against Joseph, including whether she will face suspension or other penalties, is expected by August.
Source: Boston Herald
