Mass. Commission: Judge GoBourne Ethics Complaint After Attorney Jailed

• A former Massachusetts judge ordered public defender Nicholas Athanassiou jailed and shackled for five hours due to his "attitude" during a March 2025 hearing.
• The Massachusetts Committee for Public Counsel Services filed an ethics complaint against former Justice Franco J. GoBourne.
• The Massachusetts Commission on Judicial Conduct alleges GoBourne engaged in "willful judicial misconduct" that brought disrepute to his office.
• Attorney Athanassiou was subjected to contempt and detention in the Fall River District Court after attempting to address the judge.
• Franco J. GoBourne retired from the bench in September 2025, three months after the ethics complaint was filed.

The Massachusetts Commission on Judicial Conduct has formally alleged that former Justice Franco J. GoBourne engaged in "willful judicial misconduct" following the March 2025 incident.

On March 25, 2025, a Massachusetts courtroom became the scene of an extraordinary incident when then-Justice Franco J. GoBourne ordered a public defender, Nicholas Athanassiou, to be taken into custody. The directive came during a session in the Fall River District Court where Athanassiou was representing a client in a discovery matter. According to subsequent reports from the state’s judicial conduct commission, the judge's decision to jail the attorney stemmed from Athanassiou's perceived "attitude" during the proceedings. This severe response led to the public defender spending five hours in the courthouse lockup, restrained in handcuffs and shackles.

The Massachusetts Commission on Judicial Conduct has formally alleged that former Justice Franco J. GoBourne engaged in "willful judicial misconduct" following the March 2025 incident. These serious accusations, detailed in a complaint released on a Thursday, assert that GoBourne's actions brought disrepute upon the judicial office, were prejudicial to the fair administration of justice, and were fundamentally unbecoming of a judicial officer. The complaint against the former judge was initiated by the Massachusetts Committee for Public Counsel Services, highlighting the institutional concern over the treatment of defense counsel.

The filing of this ethics complaint underscores the formal process for addressing judicial overreach and ensuring accountability within the judiciary. The allegations specifically point to the judge's conduct during the hearing with attorney Nicholas Athanassiou, where a disagreement over courtroom demeanor escalated into a punitive measure involving physical restraint and detention. Such a complaint mechanism is crucial for upholding the integrity of the courts and protecting the rights of all participants in legal proceedings, including attorneys.

Franco J. GoBourne retired from the bench in September 2025, a mere three months after the ethics complaint regarding his conduct was filed. This timing, as reported by Law360, places his retirement in close proximity to the formal allegations of judicial misconduct. While the complaint was released publicly on a Thursday, the process of addressing such serious charges can continue even after a judge has left active service. GoBourne is currently listed as representing himself on an electronic case docket related to the matter, indicating his direct involvement in responding to the allegations.

Attempts by Law360 to reach GoBourne for comment on the allegations were unsuccessful. This case serves as a stark reminder of the mechanisms in place to address judicial misconduct and the potential consequences for judges who are found to have violated ethical standards. The Massachusetts Commission on Judicial Conduct plays a vital role in investigating such claims, ensuring that the judiciary maintains public trust and adheres to the highest standards of professional conduct, even in instances where a judge has retired.

This case highlights the serious implications of judicial overreach and the mechanisms available for addressing judicial misconduct. Lawyers should be aware of the standards of judicial conduct and the process for filing complaints with bodies like the Massachusetts Commission on Judicial Conduct, as well as the potential for judges to face consequences for actions taken on the bench, even post-retirement.

Source: Original reporting via Law360 and judicial commission.