Hearing nears on motions to dismiss of Judge Joseph, court officer.

Byline: Kris Olson

With preliminary matters before a magistrate completed, the cases against Newton District Court Judge Shelley M. Richmond Joseph and her former court officer are ready to be handed over to U.S. District Court Judge Leo T. Sorokin.

The first order of business for Sorokin will be to hear the defendants' motions to dismiss the indictments against them, on which Joseph and Wesley MacGregor have an army of amici lined up behind them.

While federal prosecutors and Joseph and MacGregor's counsel have honed in on arguments related to statutory interpretation and constitutional concerns, the amici are generally seeking to widen Sorokin's scope, highlighting the implications of allowing the prosecution to proceed.

"This case really goes to the heart of judicial independence and asks important questions about what is the job of a judge," said Matthew R. Segal, legal director of the ACLU of Massachusetts, who helped author an amicus brief on behalf of a group of retired state judges.

The issues raised by the defense in their motions to dismiss "stand at the intersection of state judicial independence and the outer perimeter of federal obstruction statutes," noted Boston defense attorney Martin G. Weinberg, who is not involved in the case.

[divider]

"Whether the issues are resolved pre-trial or instead within the cauldron of a jury trial, they hold great significance both for Judge Joseph and more generally for the balance of federal powers and state judicial sovereignty."

Martin G. Weinberg, Boston

[divider]

Weinberg called the issues facing Sorokin "difficult and delicate," due in no small measure to the unique underlying facts.

"Whether the issues are resolved pre-trial or instead within the cauldron of a jury trial, they hold great significance both for Judge Joseph and more generally for the balance of federal powers and state judicial sovereignty," he said.

Joseph's attorney, Thomas M. Hoopes of Boston, and the U.S. Attorney's Office declined to comment on the pending motions to dismiss. MacGregor's attorney, Rosemary C. Scapicchio of Boston, did not respond to a request for comment.

Testing immunity's limits

Joseph's memorandum of law in support of dismissal begins simply: "This case is unprecedented."

[box type="shadow" align="alignright" width="325px"]Trial(s) may not be 'speedy'

In terms of when the trial of Newton District Court Judge Shelley M. Richmond Joseph and court officer Wesley MacGregor might occur, the parties have requested that the 70-day clock on trying the case not start running until after the hearing on the motions to dismiss and other motions is held.

Beyond that, the parties have indicated that they would not necessarily be looking to meet that 70-day benchmark.

"The parties submit that the ends of justice served by permitting counsel for the parties the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, outweighs the best interest of the public and the Defendants in a speedy trial," the...