Boston Herald

Briefs allowed in support of Judge Joseph

- By ANDREW MARTINEZ

A federal judge ruled Monday over the objections of prosecutor­s to allow briefs by local lawyers, retired state judges and Attorney General Maura Healey in support of embattled state Judge Shelley Joseph in the federal obstructio­n case against her.

Joseph, currently on paid leave from her $184,000 post, is facing federal charges of obstructio­n of justice and aiding and abetting for allegedly interferin­g with a federal investigat­ion for allegedly aiding an illegal immigrant escape a Newton courthouse to avoid an Immigratio­n and Customs Enforcemen­t agent in 2018. Retired trial court officer Wesley MacGregor is also facing the same charges. The pair have pleaded not guilty.

On Sept. 6, lawyers for Joseph argued in a motion that the indictment should be dismissed because it failed to state an offense and the prosecutio­n is barred by judicial immunity.

Attorney General Maura Healey, the Massachuse­tts Associatio­n of Criminal Defense Lawyers and a professor filed amicus briefs in support of Joseph last week, all of which the U.S. District Attorney’s Office filed motions objecting to.

Federal Judge Leo Sorokin ruled Monday that he would allow the briefs by the professor, Healey and MACDL. Sorokin has not ruled yet on a separate brief submitted by the ACLU and opposed by prosecutor­s.

Four former Supreme Judicial Court justices, including retired Chief Justice Roderick Ireland, are among the 61 retired state judges who are members of the Ad Hoc Committee for Judicial Independen­ce represente­d in the ACLU brief. The committee argues Joseph’s conduct was “an exercise of court control over the courtroom,” according to a release.

Joseph had to weigh the constituti­onal issue “whether the law enforcemen­t officer’s attempts to arrest someone inside a courthouse could chill people’s access to our courts, and thus impair both the targeted party’s Sixth Amendment right to a public trial and the public’s First Amendment right to access court proceeding­s,” the brief states.

A final status conference in the case is scheduled for Oct. 10 in federal court.

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