Judicial Misconduct Hearing Set for Judge Who Halted ICE Action

Boston Judge Mark Summerville faces a June 9 judicial misconduct hearing after allegedly thwarting ICE’s attempt to arrest an undocumented immigrant, creating a contentious clash between state judicial authority and federal immigration enforcement.

Key Insights

Suffolk DA Kevin Hayden criticized Judge Summerville for finding ICE Agent Brian Sullivan in contempt and dismissing a criminal case after ICE arrested the defendant during trial.
Hayden declared the contempt finding had no legal basis and violated the Supremacy Clause of the U.S. Constitution, refusing to prosecute the ICE agent.
The judge refused to issue a writ of habeas corpus that could have returned the defendant to court, yet blamed ICE exclusively for the defendant’s absence.
The case highlights the growing tension between state judicial authority and federal immigration enforcement under President Trump’s administration.

Constitutional Showdown: Judge vs. ICE

A Massachusetts judge has ignited a firestorm of controversy after attempting to hold a federal immigration officer in contempt for carrying out his duties. Boston Municipal Court Judge Mark Summerville faces a serious misconduct hearing on June 9 before the Massachusetts Commission on Judicial Conduct. The hearing stems from Summerville’s extraordinary decision to find ICE Agent Brian Sullivan in contempt for arresting Wilson Martell-Lebron, an undocumented immigrant, outside the courthouse during his ongoing criminal trial for falsely applying for a license and forging an RMV document.

The judge not only found Sullivan in contempt but also referred the matter to the Suffolk District Attorney’s Office for potential criminal prosecution of the federal agent. This unusual move prompted Suffolk DA Kevin Hayden to publicly rebuke Judge Summerville, declaring that the contempt finding lacked any factual or legal basis and was explicitly barred by the Supremacy Clause of the U.S. Constitution.

Case Dismissed, DA Appeals

When Martell-Lebron failed to appear in court the day after his ICE arrest, Judge Summerville took the dramatic step of dismissing the entire criminal case with prejudice, citing prosecutorial misconduct. This ruling effectively prevented prosecutors from refiling charges against Martell-Lebron. DA Hayden has since filed notice to appeal this dismissal, arguing it was improper as the assigned prosecutors were not found to have engaged in any actual misconduct.

“Therefore, this Office finds that criminal charges based upon Judge Summerville’s patently illegal contempt finding and referral are not warranted,” Hayden said in a statement. “Additionally, there was no factual or legal basis to dismiss Wilson Martell-Lebron’s criminal case for prosecutorial misconduct.”

DA Hayden further challenged the judge’s reasoning, noting that Summerville himself contributed to the defendant’s absence by refusing to issue a writ of habeas corpus that could have returned Martell-Lebron to court. Despite this refusal, the judge blamed ICE exclusively for the defendant’s absence from trial.

Judicial Authority vs. Federal Immigration Powers

This case highlights the growing tension between state courts and federal immigration enforcement under President Trump’s administration. The ICE arrest occurred on the first day of Martell-Lebron’s trial in 2020, with charges dating back to an incident where he allegedly falsified documents to obtain a driver’s license. When Martell-Lebron was not returned to court the following day, prosecutors requested a writ of habeas corpus, which Judge Summerville declined to issue.

“Judge Summerville’s finding of contempt was premised upon the false conclusion that only ICE’s arrest of the defendant prevented him from being present at his trial,” Hayden wrote. “In reality, Judge Summerville himself also prevented the defendant from being present at his trial by refusing to issue a writ of habeas corpus for the defendant after he was taken into ICE custody. Therefore, the factual basis for his finding of contempt was flawed. Moreover, the Supremacy Clause of the U.S. Constitution bars this office from prosecuting Officer Sullivan for arresting the defendant pursuant to federal law.”

While declining to pursue charges against the ICE agent, DA Hayden has requested investigations by both the Department of Justice and the Department of Homeland Security into ICE’s actions in this case. The upcoming misconduct hearing will determine whether Judge Summerville overstepped his authority and potentially violated judicial ethics by attempting to interfere with federal immigration enforcement actions.