Lucas: A tale of two ICE-avoiding judges
In a significant legal development, Milwaukee County Judge Hannah Dugan is set to face federal obstruction of justice charges for her controversial decision to allow an illegal immigrant, Eduardo Flores-Ruiz, to escape through a side door of the courthouse, evading waiting ICE agents. This incident drew parallels to a previous case involving Boston Municipal Court Judge Shelley Joseph, who was also charged with obstruction of justice for facilitating the escape of another illegal immigrant, Jose Medina Perez. While Dugan’s trial is scheduled for next month and could result in a six-year prison sentence if convicted, Joseph’s charges were dropped after the Biden administration took office, highlighting a stark contrast in how the judicial system handles such cases depending on political circumstances.
Flores-Ruiz, who had been previously deported, was captured after a foot chase and subsequently returned to Mexico after spending seven months in detention. His unexpected gratitude for his time in the U.S. stands out, as it is not a typical sentiment expressed by individuals in similar situations. Meanwhile, Judge Joseph, appointed by Republican Charlie Baker, faced scrutiny for her actions but ultimately escaped prosecution when the Biden administration’s Justice Department decided to drop the charges against her. This decision followed a review by U.S. Attorney Zachary Chuna, who recommended that the matter be referred to the Massachusetts Commission on Judicial Conduct instead. The commission found that Joseph had no knowledge of the escape plan and deemed her actions as not warranting removal from the bench, suggesting that she should be reprimanded but allowed to continue her judicial duties.
The contrasting outcomes for Dugan and Joseph raise questions about accountability within the judicial system and the influence of political dynamics on legal proceedings. With Dugan’s trial approaching, the case serves as a reminder that no one, including judges, is above the law. As the legal proceedings unfold, the public will be watching closely to see how the justice system addresses these serious allegations and whether it can maintain its integrity amid varying political landscapes.
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)
