NORTHAMPTON — Despite being the subject of a federal lawsuit alleging sex discrimination and a hostile work environment, Thomas H. Estes continues to be paid for his service as a judge, even though he has not been on the bench in the Eastern Hampshire District Court since being placed on administrative assignment in August.
Mary Hurley, of East Longmeadow, represents most of western Massachusetts on the Governor’s Council, which approves judicial nominations made by the governor. She said Friday it is frustrating that Estes continues to collect his $172,194 annual salary while in a position unrelated to serving as first justice in the Belchertown court.
“He’s not doing any work,” Hurley said. “He’s sitting in an office being paid to do nothing, which I think is horrendous.”
But Hurley said the hands of the Governor’s Council are tied. The council approves judges who are nominated, including Estes, who was nominated by former Gov. Deval Patrick in 2014 before Hurley was elected, but otherwise has no other authority over judges once they are on the bench.
On Monday, Boston lawyers filed the federal lawsuit on behalf of Tammy Cagle, a former court clinician employed by Behavioral Health Network in Springfield. Cagle alleges that Estes’ behavior included repeated incidents in which she was forced to perform oral sex. Cagle’s lawsuit also alleges that she was reassigned from the job because of Estes’ influence.
David Hoose, the Northampton attorney representing Estes, said in an email to the Gazette that his client had nothing to do with Cagle losing her position, and that she “initiated and aggressively pursued a sexual relationship” with Estes.
Hurley, who said she is deeply troubled by the allegations against Estes, notes that an investigation is underway that could lead to a process in which the Supreme Judicial Court recommends suspension or removal of Estes. But there is no protocol for that to happen at the local level.
“The fact of the matter is the chief administrative justice for district court does not have the authority to remove a judge,” Hurley said.
Efforts to reach Estes on Friday were unsuccessful. A message left in the judge’s chambers at Holyoke District Court was not returned, and no one was home at his listed Northampton address.
Estes had been first justice in Eastern Hampshire District Court since February 2016, two years after his appointment as a judge in Northampton District Court. He previously worked as a public defender in Hampshire County.
In October, the Commission on Judicial Conduct issued a statement that it had a complaint pending before it in connection with the allegations made against Estes, which at the time was in the form of a Massachusetts Commission Against Discrimination filing, also by Cagle.
That office on Friday had no comment about whether this investigation, which was independent of MCAD, remained active or would be updated.
According to its enabling statute and rules, the commission is “responsible for pursuing, when it is appropriate, remedial action or discipline against state court judges.”
But neither the commission nor the Supreme Judicial Court has the power to remove a judge from the bench, according to the agency. The state Legislature must act in order to remove a judge for misconduct.
State Sen. Anne Gobi, D-Spencer, has filed legislation aimed at making sure judges, who can serve until they meet the mandatory retirement age of 70, are more accountable. Her bill calls for “a special commission on judicial accountability to study the nomination, selection, appointment, and oversight of judges in the commonwealth and to develop recommendations to improve accountability including reappointment standards.”
