Lucas: Judge Shelley Joseph’s stupidity up for review

Gov. Maura Healey ought to “pardon” Judge Shelley Joseph the way Joe Biden pardoned his son Hunter.

It would show incoming President Donald Trump who is boss in Massachusetts when it comes to protecting criminal illegal immigrants from deportation.

Judge Joseph showed the way.

Not that the Boston Municipal Court judge has been convicted of anything worthy of a pardon even though a special commission is accusing her of “willful judicial misconduct.”

That is because she allegedly allowed a fugitive illegal immigrant to sneak out the back door of her courthouse in Newton in 2018 to avoid waiting ICE agents who wanted to deport him back to the Dominican Republic.

Gov. Healey supported Joseph back then and would no doubt back her today.

A strong pro-Joseph statement by Healey could work well into Healey and Boston Mayor Michelle Wu’s plans to protect illegal immigrants — they call “residents” — from deportation by Trump.

The Joseph saga began in 2019. That was when Joseph was indicted on federal charges of conspiracy and conspiracy to obstruct justice by then-U.S. Attorney Andrew Lelling, a Trump appointee.

She allegedly allowed Oscar Manuel Peguero or Jose Medina Perez (an alias), a twice deported illegal immigrant wanted on drug charges, to evade capture by ICE and then lie about it.

Then-Attorney General Maura Healey and other anti-Trump, pro-immigrant progressives came to Joseph’s defense. Healey called the indictments “a radical and politically motivated attack on our state and the independence of our courts.”

The illegal immigrant was allowed to walk out the back door of the courthouse in 2018 while ICE agents waited by the front door to scoop him up and deport him.

It took place during Trump’s first term when sanctuary cities were all the rage. Illegal immigration was a trickle then compared to the waves that followed when Joe Biden became president and opened the floodgates.

Back then people thought Tren de Aragua was a Latin rock band and not a gang of violent Venezuelan murderers and rapists that Biden let into the country.

Joseph back then was suspended with pay (then $181,328, now $207,885) pending the outcome of the charges.

However, no sooner was Biden elected than he replaced Lelling with Rachael Rollins who had her own problems and recused herself.

The U.S. Justice Department then named Rhode Island Democrat U.S. Attorney Zachery Cunha to “review” the case, which was code to ditch it.

Cunha recommended that the charges be dropped, which they were, and the state Supreme Judicial Court ruled that Joseph be reinstated, which she was.

However, while Joseph was free of the criminal charges and back on the bench, the matter was turned over to the Massachusetts Commission on Judicial Conduct.

The commission is a nine-member body made up of three lawyers appointed by the SJC, three by the chief of the Superior Court and three non-lawyers named by the governor.

The commission last week filed formal charges with the SJC accusing Joseph of “willful judicial misconduct” and violating the Code of Judicial Conduct by “failing to comply with the law.”

It recommended that the high court appoint a hearing officer to conduct a public hearing on the matter before making recommendations to the SJC over punishment if warranted.

It is expected that pro-illegal immigrant backers, especially in a sanctuary city like Boston, will testify on her behalf.

While Joseph can be disciplined and censured by the court, neither the commission nor the SJC can remove her from office, although they can make it difficult for her to continue to serve so that she resigns.

Under the law, as quoted by the commission, “Neither the Commission nor the Supreme Judicial Court has the power to remove a judge from the bench.”

Removal action must be taken by the Legislature in coordination with the Governor’s Council and the governor. That governor is Maura Healey, a Joseph supporter.

Peter Lucas is a veteran political reporter. Email him at: peter.lucas@bostonherald.com

Judge accused of ‘willful misconduct’ for letting illegal immigrant escape court