BOSTON (CBS) — The judge charged with helping an immigrant escape a federal agent waiting to arrest him at a courthouse will have her salary reinstated, the Massachusetts Supreme Court ruled. Newton District Court Judge Shelley Joseph was suspended on April 25 after she was indicted on federal charges of obstruction of justice.

“Our order suspending Judge Joseph without pay should be vacated and that instead she should be suspended with pay, and receive all salary and other benefits that would have been due to her if this order had been made on April 25, 2019,” said Tuesday’s court hearing.

Judge Shelley Joseph outside federal court in Boston, April 25, 2019. (WBZ-TV)

Joseph’s attorney had argued stripping Joseph of her pay as soon as she was charged goes against the presumption of innocence.

Her suspension remains in place.

Prosecutors alleged Joseph and court officer Wesley MacGregor helped a defendant leave through a back door to avoid being detained by an ICE officer.

A statement on behalf of Gov. Charlie Baker from Communications Director Lizzy Guyton said: “Governor Baker believes Judge Joseph should not hear cases until the federal case is resolved and believes that no one should obstruct federal law enforcement officials trying to do their jobs. The Baker-Polito Administration has filed and continues to support legislation to allow court officials as well as law-enforcement to work with federal immigration officials to detain dangerous individuals.”

A Final Status Conference was scheduled for Sept. 10.

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