Gov. Baker wants a Newton judge taken off the bench while a federal grand jury looks into whether court personnel broke rules (Obstructed justice by aiding and abedding a criminal illegal alien to escape ICE).
***Article first published by 'The Patch' on Dec. 3, 2018***
NEWTON, MA — Gov. Charlie Baker said he wants a Newton judge taken off the bench while a federal grand jury looks into whether court personnel helped an undocumented immigrant evade federal officials, The Boston Globe first reported.
"I don't believe she should be hearing criminal cases until that federal case is resolved," Baker told reporters at the State House, the Globe reported. "Look, judges are not supposed to be in the business of obstructing justice."
Meanwhile, the Massachusetts Association of Criminal Defense Lawyers is calling on the sate attorney general to file a federal lawsuit against ICE detentions at state courthouses.
The U.S. Attorney's office is investigating whether state district court Judge Shelley M. Joseph and court employees released a defendant through the back door to purposely allow him to evade detention by ICE agents.
A representative of the defense lawyers' group questioned the appropriateness of that investigation.
"Detention of undocumented individuals at courthouses by ICE agents has long disrupted the proper administration of justice in our state courts and has undermined the rights of defendants and victims of crime," the group said in a statement. "Victims of crime and undocumented witnesses often refuse to appear in court out of fear of detention by ICE agents. Defendants who are arrested and held in immigration detention are rarely brought back to criminal court to resolve their pending cases, thereby denying them their constitutional rights to defend against the charges and the rights of victims to seek justice."
The association said many defendants detained by ICE are released after a few months in immigration detention. Their pending state court cases get reopened, and they go through a second pretrial proceeding, often with a new court-appointed attorney.
"This is an enormous burden on our court system that is struggling to deliver justice efficiently," according to the group.
The Massachusetts Supreme Judicial Court previously ruled that State Trial Court employees cannot detain individuals on behalf of ICE.
"We call on our state Attorney General to initiate a federal lawsuit to stop ICE agents from making detentions at state courthouses. ICE is free to detain people at their homes, workplace, or anywhere else," read the statement released Monday.
More to come.