A judge in Boston, accused of helping an unauthorized immigrant evade US Immigration and Customs Enforcement in 2018, is set to attend a misconduct hearing.

Judge Shelley M. Richmond Joseph faces a civil misconduct allegation related to an incident where she allegedly assisted Jose Medina-Perez, a Dominican national who had been deported twice, in leaving Newton District Court without detection.

Medina-Perez, who is prohibited from reentering the United States until 2027, was in court facing drug possession charges and a fugitive warrant from Pennsylvania. According to Fox News, an ICE agent was present outside the courthouse, prepared to take him into custody.

Joseph is scheduled to appear on Monday in Suffolk Superior Court in Boston, where the misconduct hearing is currently taking place. Presiding Judge Denis McInerney indicated that he will prepare a report detailing his findings and recommendations once the hearings conclude.

At the beginning of the session, Joseph’s attorney stressed that her client has not been found guilty of any crime.

“If you were to walk down the street and conduct a survey of the individuals you encounter, 100% of them would assert that Judge Joseph allowed an illegal immigrant to exit through the back door of the district court,” the attorney representing her remarked in her opening statements. “Half of them would label her a criminal deserving of imprisonment, while the other half would regard her as a folk hero for her actions. However, it is undeniable that she did it.

“It has become so ingrained in local lore in Boston that the media, for the most part, have abandoned the formalities of using terms like alleged or charged, and they report on this incident as if numerous witnesses had seen Judge Joseph leave the bench, escort the defendant to the door, embrace him, and wish him well,” her attorney stated.

David Jellinek, the attorney for Medina-Perez, has also provided testimony during cross-examination. As reported by Fox, he entered into an immunity agreement with federal authorities in return for his testimony against Joseph.

Federal prosecutors asserted that Joseph directed a court clerk to inform the ICE agent present to remain in the lobby, implying that if the defendant were released, he would exit through the courtroom into the lobby. Subsequently, Joseph allegedly instructed the courtroom clerk to ‘go off the record for a moment,’ resulting in the courtroom audio recording being disabled for 52 seconds.

When the audio recording resumed, Joseph declared that she would release the defendant. Federal prosecutors indicated in court documents that Medina-Perez’s defense counsel sought to meet with the defendant downstairs, to which Joseph responded, ‘That’s great. Of course.’ When the clerk informed the judge that an ICE officer was at the courthouse awaiting the defendant’s release, Joseph purportedly replied, ‘That’s OK. I will not permit them to enter here. But he’s been released on this,’ according to court records.

Prosecutors further stated that MacGregor escorted the defendant, his attorney, and an interpreter downstairs to the courthouse prison. He then utilized his security access card to unlock the rear sally-port door, facilitating the defendant’s unnoticed escape.

The Justice Department opted to dismiss Joseph’s charges in September 2022 after she self-reported to the Massachusetts Commission on Judicial Conduct (CJC) and admitted to significant details regarding the case, as claimed by Fox.

The Massachusetts CJC lodged formal allegations against Joseph, accusing him of ‘willful judicial misconduct’ and actions ‘prejudicial to the administration of justice.’

Additionally, the Trump Justice Department has prosecuted two other judges for allegedly harboring illegal aliens or assisting them in evading arrest by federal immigration authorities.

In May, Milwaukee County Judge Hannah Dugan was arrested for attempting to protect Eduardo Flores-Ruiz.