Commission Files Charges Against Retired Massachusetts Judge
The state's conduct commission alleges a retired judge lacked a factual basis for ordering an attorney into custody.
Updated on Oct. 22, 2026 in Criminal Justice
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The Commission on Judicial Conduct has filed misconduct charges with the Supreme Judicial Court against retired judge Franco J. GoBourne. The complaint stems from a 2025 incident in which GoBourne summarily ordered an attorney into custody.
Why it matters
The charges allege that GoBourne lacked the necessary factual basis to punish attorney Nicholas A. Athanassiou for summary contempt. This case highlights concerns regarding judicial authority and the proper application of procedural standards in Massachusetts courts.
The Commission on Judicial Conduct has officially filed charges against GoBourne regarding the March 2025 contempt finding. The body is now requesting the appointment of a hearing officer to preside over a public hearing on the matter.
The players
Franco J. GoBourne
He is a retired judge who faces formal misconduct charges filed by the state's judicial oversight commission.
Nicholas A. Athanassiou
He is an attorney who was shackled and held in a court holding cell for five hours following a contempt finding.
Commission on Judicial Conduct
This is the state agency responsible for investigating and filing formal misconduct complaints against members of the judiciary.
Supreme Judicial Court
This is the highest appellate court in Massachusetts and the body where the formal misconduct charges were filed.
The details
During a court session, GoBourne ordered court officers to take Athanassiou into custody while the attorney was advocating for his client regarding exculpatory evidence and Rule 17 motions. The attorney was shackled and held in a court holding cell for approximately five hours before being released by the judge.
Timeline
March 25, 2025: GoBourne held attorney Athanassiou in contempt of court.
October 22, 2026: The Commission on Judicial Conduct filed formal charges.
Within 60 days of appointment: A public hearing is expected to be held.
Legal Context
This filing follows established standards for judicial conduct in Massachusetts, specifically regarding the limitations of summary contempt power. It mirrors broader efforts to maintain accountability within the state court system when judges are accused of overstepping procedural boundaries.
The filing of these charges signals to the public that judicial conduct is subject to formal review and oversight by state authorities. It reaffirms the importance of legal procedures in ensuring that all courtroom participants remain protected from potential abuses of power.
The takeaway
The commission's action underscores the requirement that judicial officers must possess a factual basis for any punitive measures taken during court proceedings. It serves as a reminder of the necessary checks and balances that exist to protect the rights of legal counsel and their clients.
What happens next
A hearing officer will be appointed to lead a public hearing, which is expected to occur within 60 days of their appointment.
Further reading
For more information on the oversight of legal professionals, visit Massachusetts Criminal Justice.
Source note: This article includes information reported by Massachusetts Lawyers Weekly.
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