Judge facing expulsion over sex allegations
The social worker whose sexual relations with a married judge could have him facing a historic expulsion will attend tomorrow’s argument before the state’s highest court for removing Thomas H. Estes Jr. from the bench, the Herald has learned.
Tammy Cagle, 47, who claims in a related federal lawsuit against Estes that she was the victim of sexual harassment, “will be at the hearing and will comment afterwards,” her attorney, Leonard Kesten, said.
“My guess is that the sentiment is 99 percent against him . ... In this business of politics, everything is about timing. None of these allegations are good, but if you combine it with the timing of it, it’s overwhelming,” former Springfield Mayor Michael J. Albano said of the former Belchertown District Court first justice’s tribulations in context with the global “MeToo” movement.
Albano served on the Governor’s Council that unanimously confirmed Estes’ appointment in 2014 — a decision he stands by.
“I make no apologies for my vote at the time,” said Albano, who was one of the ex-public defender’s most vocal supporters. “I and the Governor’s Council had no reason to vote against him. Everyone spoke very, very highly of his ability as an attorney, his temperament and what he would bring to the bench.”
Attorney Howard V. Neff III, executive director of the Commission on Judicial Conduct, will ask the Supreme Judicial Court to suspend Estes, 51, without pay indefinitely while Gov. Charlie Baker and the Legislature decide whether to pursue removal proceedings against the nominee of former Gov. Deval Patrick.
Estes, a native Virginian, could be impeached by the House of Representatives and convicted by the Senate. Or, Baker could remove Estes with a “bill of address” from the General Court, provided the Governor’s Council agrees.
“The Baker-Polito administration has a zero tolerance policy for sexual harassment, believes this behavior is entirely inappropriate and that Judge Estes should be removed,” spokesman Brendan Moss said in a statement. “Governor Baker and Lt. Governor Polito support the Commission of Judicial Conduct’s recommendation to suspend the judge without pay and will await the outcome of the legislative and judicial processes in place for further action should either of those independent branches choose to consider it.”
It has been 45 years since a governor last axed a judge. In 1973, based on a bill of address from the Legislature, the late Gov. Francis Sargent and his executive council removed Dorchester District Court Judge Jerome Troy for judicial corruption. The Herald American reported at the time Troy was the first Massachusetts judge to be removed by a bill of address since 1882.