Lucas: A tale of two ICE-avoiding judges
In a significant legal development, Milwaukee County Judge Hannah Dugan is set to stand trial next month on federal obstruction of justice charges after allegedly facilitating the escape of a wanted illegal immigrant from her courthouse. Dugan is accused of allowing Eduardo Flores-Ruiz, a 31-year-old illegal immigrant, to evade waiting ICE agents by sneaking him out through a side door. If convicted, she could face up to six years in prison. This case highlights a broader issue of accountability within the judicial system, as it draws parallels to a previous case involving Boston Municipal Court Judge Shelley Joseph, who faced similar charges but ultimately had them dropped after the Biden administration took office.
Judge Joseph’s case serves as a stark contrast to Dugan’s impending trial. In 2019, Joseph was indicted for allowing Jose Medina Perez, a twice-deported illegal immigrant, to escape through a back door of the Newton courthouse, also to avoid ICE agents. Despite the serious nature of the charges, they were dismissed after a review by the Biden-appointed U.S. Attorney Zachary Chuna, who deemed that the interests of justice would be better served by referring the matter to the Massachusetts Commission on Judicial Conduct. Following an investigation, Joseph was found to be unaware of the escape plan and received only a reprimand, allowing her to maintain her position on the bench. This disparity in outcomes raises questions about judicial accountability and the implications of political influences on legal proceedings.
The contrasting fates of Judges Dugan and Joseph have ignited debates about the integrity of the judicial system and the notion that no one is above the law, including judges. While Dugan faces serious repercussions for her alleged misconduct, Joseph’s case illustrates how political dynamics can shape the outcomes of judicial accountability. As the trial for Judge Dugan approaches, it will be a critical moment for the judiciary and a test of whether the principle of justice applies equally to all, regardless of their position. The ongoing scrutiny of these cases underscores the importance of transparency and accountability within the legal system, as public confidence in judicial integrity hangs in the balance.
It is good that the judge who let a wanted illegal immigrant out the back door of the courthouse to avoid waiting ICE agents will stand trial.
No one is above the law, including judges.
So, the judge will face federal obstruction of justice charges when her trial begins next month and, if found guilty, could face six years in prison.
That is the way politicians say the system works or is supposed to work.
Only in this case the judge is not Boston Municipal Court Judge Shelley Joseph who was once charged with the same thing, but Milwaukee County Judge Hannah Dugan.
While Dugan may go to prison, Joseph walks.
Like Joseph before her, Dugan is charged with federal obstruction of justice for letting wanted illegal immigrant Eduardo Flores-Ruiz, 31, sneak through a side door of her courthouse to avoid waiting ICE agents.
Flores-Ruiz was arrested after a foot chase and has since been deported to Mexico.
After seven months in detention, Flores-Ruiz promised never to come back. Before shipping out, he said, “I am grateful and happy I was able to work here,” which is something you do not ordinarily hear from illegal immigrants.
Joseph, a Democrat, was appointed to the bench by Republican Charlie Baker, who later found her actions “extremely troubling.” He said, “Judges are not supposed to be in the business of obstructing justice.”
Joseph was sitting in the Newton District Court when she was indicted on obstruction of justice charges in 2019 for allowing twice-deported illegal immigrant Jose Medina Perez, 38, to exit the back door of the Newton courthouse to also avoid ICE agents waiting out front to scoop him up.
Medina Perez’s escape came after Joseph participated in a 52-second unrecorded conversation with Medina Perez’s defense counsel and an assistant district attorney.
The charges were brought by then U.S. Attorney Andrew Lelling, who was appointed by Republican President Donald Trump. Joseph was suspended with pay pending the outcome of her trial.
Only there was no trial.
No sooner was Democrat Joe Biden elected over Trump in 2020 than Biden’s U.S. Justice Department dropped the charges.
This came about after the case was referred for “review” to Democrat U.S. Attorney Zachary Chuna of Rhode Island, a Biden appointee. Lelling by then, of course, was gone.
Chuna, as if on schedule, in September 2022 recommended that the Justice Department drop the charges against fellow Democrat Joseph, which it did.
Cunha said that “the interests of justice are best served” by sending the matter to the Massachusetts Commission on Judicial Conduct, which investigates judicial misconduct.
The commission appointed Attorney Denis J. McInerney to conduct a hearing on the matter.
McInerney, in his report last week, which reads like fan mail, said that Joseph was innocent of any wrongdoing because she had no idea what was going on in front of her nose in her own courtroom.
So, she should be reprimanded but not thrown off the bench.
“I find that Judge Joseph did not know about — much less authorize — the escape plan and did not mislead court authorities following the incident, McInerney said. Besides, Joseph, he said was a “new and inexperienced” judge.
And since the “incident,” Joseph, according to McInerney, has “repeatedly demonstrated” that “she is a thoughtful, diligent and conscientious judge underserving of the harsh public criticism she has received in connection with this matter, and entirely worthy of the opportunity to finally move on from it.”
Forget the dropped charges and the reprimand. Judge Joseph is so good that Gov. Maura Healey ought to appoint her to the Supreme Judicial Court.
Veteran political reporter Peter Lucas can be reached at: peter.lucas@bostonherald.com
Judge Shelley Joseph is not facing any trial. (Herald pool file)
