Judicial conduct chief rails vs. Judge Estes

A Massachusetts judge who engaged in sexual acts with a social worker in his chambers has damaged the public’s faith in the judicial system and can no longer command the respect necessary to remain on the bench, the head of the state’s Commission on Judicial Conduct said yesterday.

Howard V. Neff III, executive director of the commission, told the Supreme Judicial Court that an indefinite suspension that would allow lawmakers to decide whether to remove Judge Thomas Estes from the bench is the only proper punishment for behavior Neff called “egregious.”

“Unless this court sets a precedent that makes it absolutely clear that this type of conduct will not be tolerated ... there is little hope that public trust in the administration of public justice in Massachusetts will be restored,” Neff said.

Estes admits he had a sexual relationship with Tammy Cagle, who worked in the special drug court where he sat. But Estes denies allegations Cagle made in a federal lawsuit, including that he coerced her into performing oral sex on him and played a role in getting her removed from the drug court when she tried to end the relationship.

Estes, who’s married and has two teenage boys, attended yesterday’s hearing but left the courthouse without speaking to reporters. The court did not immediately decide Estes’ punishment. He is asking for a fourmonth suspension.

Estes’ lawyer, David Hoose, said that there’s no indication the relationship ever caused Estes to favor Cagle or affect his decisions on the bench. Hoose said many judges across the country have had inappropriate sexual relationships, but few have lost their jobs for it.