Lucas: A tale of two ICE-avoiding judges
In an intriguing legal saga, Milwaukee County Judge Hannah Dugan is set to stand trial next month on federal obstruction of justice charges after allowing a wanted illegal immigrant, Eduardo Flores-Ruiz, to evade U.S. Immigration and Customs Enforcement (ICE) agents. This incident, which involved Dugan facilitating Flores-Ruiz’s escape through a side door of the courthouse, has reignited discussions about judicial accountability and the rule of law. If convicted, Dugan could face up to six years in prison, underscoring the serious implications of her actions. This case is particularly notable given the contrasting fate of Boston Municipal Court Judge Shelley Joseph, who faced similar charges in 2019 but ultimately had her case dropped by the Biden administration’s Justice Department.
The backdrop to this unfolding drama reveals a complex interplay between judicial discretion and immigration enforcement. Flores-Ruiz, who had previously been deported, was apprehended after a foot chase and later expressed gratitude for his time in the U.S. before being deported back to Mexico. This scenario raises questions about the responsibilities of judges in upholding the law versus their personal beliefs about immigration policy. Judge Joseph’s earlier case, which involved permitting a twice-deported immigrant to escape, was similarly contentious. Despite being indicted, her charges were dismissed after a review by a Democratic U.S. Attorney, who deemed that the interests of justice would be better served by addressing the matter internally rather than through criminal prosecution.
Critics argue that the outcomes of these cases reflect a troubling double standard in the judicial system, where some judges may evade accountability depending on political shifts and affiliations. While Dugan faces trial, Joseph remains free of legal repercussions, with her actions being downplayed by a commission that found her largely innocent of wrongdoing. This situation not only highlights the need for consistent enforcement of the law but also raises broader concerns about the integrity of the judicial process and the potential for political influence in judicial decision-making. As these cases unfold, they will likely continue to spark debate about the balance between judicial discretion and the enforcement of immigration laws in the United States.
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)
