Newton Judge Shelley Joseph faces trial after appeals court rejects dismissal

Suspended Newton Judge Shelley Joseph can’t dodge a trial, a federal appeals court has ruled.

The First Circuit said her argument that she has “absolute judicial immunity” does not apply — yet.

“We must reject the defendants’ request for pre-trial review of the denial of their motions to dismiss because their appeals are premature,” the court writes in its ruling. Basically, the case must proceed before it kicks upstairs to them.

Joseph, still receiving her $184,000-a-year paycheck while facing a federal obstruction of justice charge, is accused of aiding an illegal immigrant’s escape from an ICE agent in her Newton district courtroom in 2018.

Retired court officer Wesley MacGregor is also facing the charge for allegedly leading the illegal immigrant through the courtroom’s lockup and exit.

The Dominican man allegedly set free by Joseph had been deported twice before and wasn’t allowed back until 2027. The appeals court added the “alien subject (A.S.)” — as they identified him — was about to be seized by immigration when Joseph instructed her court officer to “tell the (ICE) officer to leave.”


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