The Massachusetts Supreme Judicial Court on Thursday publicly censured a western Massachusetts judge and ordered his suspension after he admitted to having "an undisclosed sexual relationship" with a woman who worked on a team he oversaw.
District Court Judge Thomas Estes will be suspended without pay indefinitely effective June 15, the SJC announced Thursday in an order that was delivered to the governor and legislature and read aloud Thursday morning during House and Senate sessions.
Tammy Cagle, a licensed clinical social worker hired to help launch the specialty drug court program in Pittsfield, filed a complaint with the Massachusetts Commission Against Discrimination last July 24 and the Commission on Judicial Conduct acknowledged in October that it also had a complaint before it in connection with allegations made by Cagle. Thursday's order said Estes and the Commission on Judicial Conduct have agreed upon the facts of the case.
"The sanction we impose is severe not because we seek to punish the Judge severely, but because, like the Commission, we seriously question whether he can command the respect and authority essential to the performance of his judicial function," the SJC wrote in its order.
The Commission on Judicial Conduct said it "found clear and convincing evidence" that Estes and Cagle began their sexual encounters in November 2016 and continued them into July 2017. Estes also "engaged in four sexual encounters with Ms. Cagle at her home and at least two sexual encounters with Ms. Cagle in his lobby at the Eastern Hampshire Division of the District Court Department."
The SJC said, "Before or after some of their sexual encounters, they would have general discussions regarding the operation of the drug court." The high court also knocked Estes for his use of his official state email address "to communicate with Cagle and facilitate one of the sexual encounters."
"We have no doubt that the Judge's undisclosed sexual relationship with a member of his drug court team raises, at the least, the appearance of inappropriate influence and partiality in his decisions regarding drug court participants and thus puts the integrity of the drug court during his leadership into question. Further damaging respect for his office, the Judge used his lobby in the court house for at least several of their sexual encounters, reflecting complete disrespect for the dignity and decorum of the court," the court wrote.
The SJC, with Chief Justice Ralph Gants having recused himself, said, "It is beyond dispute that these egregious, deliberate, and repeated acts of misconduct severely diminished respect in the eyes of the public not only for this judge but also for the judiciary."
The SJC's order released Thursday made "no finding, determination, or stipulation with respect to the presence or absence of sexual harassment or discrimination" in the case involving Estes and Cagle.
Both the House and Senate placed the SJC's order on file after it was read aloud during sessions Thursday morning.
Asked about the Estes and the SJC's order, House Speaker Robert DeLeo said Thursday, "In terms of what our next step would be ... I think that would be something we'll have to look into and I'll have to check what the process would be."
Asked by a reporter if he was referring to impeachment of the judge, DeLeo said, "I'd have to check and see where the members are to see where we go from there."
Gov. Charlie Baker said Thursday, "Judge Estes shouldn't be behind the bench and the SJC ruled today that he is suspended indefinitely without pay and they censured him, which I think is a pretty good start."
A nominee of Gov. Deval Patrick, Estes, a career public defender, was unanimously approved in 2014 by the Governor's Council to become a district court judge in Northampton.
The SJC's order came down while a group of House lawmakers is seeking to have Baker remove Judge Timothy Feeley from the Essex County Superior Court bench.
In March, Feeley reduced the bail for John Williams, who was arrested in Haverhill on gun charges, the Eagle Tribune reported. Weeks after he was released from custody, Williams allegedly killed a Maine sheriff's deputy, sparking a massive manhunt.
Andy Metzger contributed to this report, which was originally published by State House News Service.
