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 for her role in facilitating the escape of a wanted illegal immigrant, Eduardo Flores-Ruiz. This case has drawn attention not only for the actions of Judge Dugan but also for the contrasting fate of Boston Municipal Court Judge Shelley Joseph, who previously faced similar charges but ultimately avoided trial. The crux of the matter lies in the principle that no one, including judges, is above the law. If convicted, Dugan could face up to six years in prison, underscoring the serious implications of her actions in allowing Flores-Ruiz to evade U.S. Immigration and Customs Enforcement (ICE) agents by using a back exit of the courthouse.
Flores-Ruiz, who had been arrested following a foot chase, was deported to Mexico after a seven-month detention. Interestingly, he expressed gratitude for his time in the U.S., a sentiment not commonly echoed by many illegal immigrants. Dugan’s case mirrors that of Judge Joseph, who, in 2019, was indicted for aiding another illegal immigrant, Jose Medina Perez, in escaping through a back door to avoid ICE. However, while Joseph’s case was initially pursued by then-U.S. Attorney Andrew Lelling, it was subsequently dropped by the Biden administration’s Justice Department, raising questions about political influences in judicial accountability. The Massachusetts Commission on Judicial Conduct later found Joseph innocent of wrongdoing, describing her as “thoughtful, diligent, and conscientious,” which has sparked criticism regarding the perceived leniency shown towards her actions.
This situation highlights the complexities of the judicial system, particularly in cases involving immigration and the role of judges. As Dugan prepares for her trial, the contrasting outcomes for her and Joseph may fuel ongoing debates about judicial responsibility and the enforcement of immigration laws. The notion that judges should uphold the law is central to this discussion, and the outcomes of these cases could have lasting implications for public trust in the judicial system. As the legal proceedings unfold, many will be watching closely to see how the courts address these serious allegations and what precedent they set for future cases involving judicial conduct and immigration enforcement.
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)
