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BOSTON — A district court judge from Natick and a former court officer from Watertown were indicted Thursday on federal obstruction of justice charges for preventing an officer of the Immigration and Customs Enforcement agency from taking custody of an alien defendant.

Judge Shelley M. Richmond Joseph, of Natick, and Wesley MacGregor, the trial court officer and a resident of Watertown, are accused of conspiring to prevent Immigration and Customs Enforcement from taking an immigrant into custody at Newton District Court on April 2, 2018.

Joseph, 51, who was appointed as a Judge in November 2017, and MacGregor, 56, are charged with conspiracy to obstruct justice and two counts of obstruction of justice. MacGregor was also charged with perjury.

“This case is about the rule of law,” said United States Attorney Andrew E. Lelling in a press release. “The allegations in today’s indictment involve obstruction by a sitting judge, that is intentional interference with the enforcement of federal law, and that is a crime. We cannot pick and choose the federal laws we follow, or use our personal views to justify violating the law. Everyone in the justice system – not just judges, but law enforcement officers, prosecutors, and defense counsel – should be held to a higher standard. The people of Massachusetts expect that, just like they expect judges to be fair, impartial and to follow the law themselves.”

Immediately following the announcement of the indictment, the Supreme Judicial Court suspended Joseph. "This Order is based solely on the fact that a sitting judge has been indicted for alleged misconduct in the performance of her judicial duties," reads the order signed by Francis V. Kenneally, clerk. "It in no way reflects any opinion on the merits of the pending criminal case."

The Code of Judicial Conduct prohibits all judges from making "any statement that might reasonably expected to affect the outcome or impair the fairness of a matter pending or impending in any Massachusetts court," reads the order.

The indictmentOn March 30, 2018, Newton police arrested a man on charges of being a fugitive from justice and narcotics possession. The defendant had twice been deported from the United States - in 2003 and 2007, and that a federal order had been issued prohibiting the defendant from entering the country until 2027.

On April 2, 2018, Newton police transferred custody of the defendant to Newton District Court, where Joseph was assigned as the judge and MacGregor as a court officer and forwarded a warrant to remove the defendant from the country.

That morning, a plainclothes ICE officer was dispatched to the courthouse to take custody of the suspect. The court officer informed the judge and other court staff that he was there. Joseph allegedly told the court clerk to have the ICE officer wait outside the courtroom and that if the defendant were released he would leave through the lobby.

When the case was called in the afternoon, the defense attorney and prosecutor spoke privately with the judge about the ICE detainer in a conversion that was routinely recorded. Joseph then allegedly ordered the courtroom clerk to “go off the record for a moment.” For the next 52 seconds, the courtroom audio recorder was turned off, in violation of court rules.

When the recorder was turned back on, Joseph indicated that she would release the defendant. According to the charging documents, the defense attorney asked to speak with the defendant downstairs and Joseph responded, “That’s fine. Of course.”

When reminded by the clerk that an ICE officer was in the courthouse, Joseph stated: “That’s fine. I’m not gonna allow them to come in here. But he’s been released on this.”

Immediately following the proceeding, MacGregor allegedly escorted the defendant, his attorney and an interpreter downstairs to the lockup and used his security access card to open a rear exit and release the defendant.

MacGregor was also charged with perjury for testifying before a federal grand jury on July 12 that he had not been aware that ICE agents were in the courthouse and that there was a detainer for the defendant.

The charges of conspiracy to obstruct justice and obstruction of a federal proceeding provide for sentences of up to 20 years in prison and a fine of $250,000.

A conviction for perjury carries a sentence of up to five years in prison and a $250,000 fine.

“The actions of the judge in this incident are a detriment to the rule of law and highly offensive to the law enforcement officers of ICE who swear an oath to uphold our nation’s immigration laws,” said Todd M. Lyons, acting field office director for ICE’s Enforcement and Removal Operations, Boston, in a press release. “In order for our criminal justice system to work fairly for all people, it must be protected against judicial officials who would seek to replace the implementation of our laws with their own ideological views or politically-driven agenda. I would also like to thank U.S. Attorney Lelling for his local leadership and his continuous and faithful support of the ERO law enforcement mission.”