Judge Shelley Joseph could face disciplinary action from the Massachusetts Supreme Court

The state Supreme Court will appoint a hearing officer. The commission will schedule a public hearing within 30 to 60 days, officials said in a news release.

An attorney representing Joseph said she would like to publicly tell her side of the story.

“Judge Joseph looks forward to a hearing where all of the circumstances will finally become public,” her attorney, Thomas Hoopes, said in an email Monday evening.

Joseph agreed that the commission should review her case. This was part of a deal in which the U.S. Department of Justice agreed to drop federal charges against her and a now-retired court official.

Prosecutors alleged that Joseph and the court officer helped a defendant, Jose Medina-Perez, who is from the Dominican Republic, leave the courthouse on April 2, 2018, after a hearing on charges including drug possession.

Joseph asked the immigration official to leave the courtroom and told him that the suspect, who had been deported twice and was banned from entering the United States until 2027, would be released in the courthouse lobby. Instead, the court officer took the suspect downstairs, where he was allowed to exit through a secured back door.

Joseph and the court officer were charged with obstruction of justice and accused of preventing an Immigration and Customs Enforcement (ICE) officer from taking the suspect into custody.

The controversial case brought under the Trump administration led to Joseph’s suspension in April 2019. She was reinstated in November 2022, two months after federal prosecutors dropped the charges “in the interest of justice.”

The Supreme Court ordered Joseph’s reinstatement because her suspension was “based solely on the fact that charges had been brought against her for alleged misconduct in the performance of her judicial duties,” a copy of the ruling said.

“The charges made in the indictment against the judge have now been dismissed…The stay order is therefore lifted with immediate effect,” the SJC’s decision said.

As part of a plea agreement, Joseph admitted certain facts and the case was referred to the state commission.

The Commission on Judicial Conduct investigates alleged misconduct and makes recommendations to the Supreme Court on possible disciplinary action.

Joseph’s formal response to the commission’s charges is 27 pages long and denies any wrongdoing.

“She has at all times sought to treat the parties before her…fairly and in accordance with the law and court guidelines and to promote the fair administration of justice and public confidence in the independence, integrity and impartiality of the judiciary. “says the court filing.

“She cooperated fully and responded truthfully to the inquiries of her judicial colleagues, superiors and disciplinary authorities.”

Joseph had been in office for less than a year when the incident occurred in Newton District Court on April 2, 2018.

She was nominated by Gov. Charlie Baker in September 2017 and unanimously approved by the Board of Governors the next month. Joseph, a graduate of New England Law Boston, now sits on the Boston Municipal Court.

Tonya Alanez can be reached at [email protected]. Follow her @talanez.