State officials must move swiftly to remove Judge Thomas H. Estes from the bench and ensure that he never again preside in a Massachusetts courtroom.
According to the state Commission on Judicial Conduct, Estes, 50, of Northampton, admitted to “willful judicial misconduct that brings the judicial office into disrepute” — including engaging in sexual acts with a social worker at the Eastern Hampshire District Court in Belchertown, where he formerly was the presiding judge.
No criminal charges have been filed against Estes, who has been a judge for four years. However, his admission of misconduct means that he can never again credibly perform any judicial duties. He should immediately be placed on unpaid leave while the Legislature takes the necessary steps to remove him from the judgeship.
Since Estes was transferred Aug. 17 from the court in Belchertown to Holyoke District Court, he has continued to collect his $172,194 annual salary while performing unspecified legal research.
Estes’ case illustrates the need in Massachusetts to move more quickly in reviewing allegations of judicial misconduct and disciplining judges. We support legislation filed by state Sen. Anne Gobi, D-Spencer, that would create a commission to issue recommendations for improved judicial accountability.
Gobi believes that the public needs more confidence in the oversight of judges. “The current issues surrounding Judge Estes is exactly why a more transparent process needs to be put in to place on selecting judges as well as in disciplining them.”
Estes was placed on “administrative assignment” — performing research and other administrative duties, but not hearing cases — last August, less than a month after Tammy Cagle, a licensed clinical social worker, filed a complaint July 24 with the Massachusetts Commission Against Discrimination. Cagle alleged that she was the victim of sexual harassment and was reassigned from her court position after she attempted to end the sexual relationship with Estes.
Cagle worked for the Behavioral Health Network, which provides services throughout western Massachusetts, and in 2016 was assigned to a team headed by Estes to start a drug court in Pittsfield handling cases of adults with substance abuse problems who faced criminal charges. Estes presided over weekly drug court sessions in Pittsfield until he was reassigned last summer.
Cagle withdrew her MCAD complaint when she filed a federal lawsuit in January accusing Estes of forcing sexual acts on her in his chambers at the Belchertown court. The lawsuit alleges that she was the victim of sex discrimination and a hostile work environment resulting from Estes’ behavior, including repeated incidents in which she was forced to perform oral sex.
The lawsuit also states that when Cagle tried to end their relationship, Estes acted coldly toward her during staff meetings and drug court sessions.
Estes has declined to discuss with reporters the relationship he had with Cagle. However, Estes’ lawyer, David Hoose, of Northampton, issued a statement to the Gazette in January. “The evidence in (Estes’) defense will show that he had nothing to do with Ms. Cagle’s removal from the drug court, and that she was removed by her employer due to multiple complaints about her ability to work with other people,” according to the statement. “The evidence will also show that Ms. Cagle initiated and aggressively pursued a sexual relationship with Judge Estes …”
More than 200 pages of recently unsealed court documents detail the relationship through text messages and emails the two exchanged. Estes used his official judicial email account to communicate with Cagle, including how best to text messages with her so his family would not discover the extramarital affair, according to the documents.
The documents also include the results of the Commission on Judicial Conduct’s investigation and recommendations for punishment. “The Commission alleges, and Judge Estes agrees, that … he has engaged in willful judicial misconduct that brings the judicial office into disrepute, as well as conduct prejudicial to the administration of justice and unbecoming a judicial officer, and has violated the Code of Judicial Conduct.”
The commission recommends that Estes be publicly censured and placed on unpaid suspension while it is determined whether he should remain a judge. Though the commission may discipline judges, only the Legislature can remove a judge for misconduct.
The Supreme Judicial Court has scheduled a hearing on Estes’ case for April 24. The verdict should be Estes’ permanent removal from the public payroll and quick action by the Legislature to take away his judgeship.