A retired Massachusetts district court judge is facing formal disciplinary charges after he ordered a public defender handcuffed, placed in leg restraints, and held in a cell for roughly five hours during a routine hearing.
According to a complaint filed with the Commission on Judicial Conduct, the incident occurred on March 25, 2025, at Fall River District Court. Judge Franco J. GoBourne, who retired six months later, took issue with attorney Nicholas Athanassiou stepping away from the podium to retrieve a case file. GoBourne told the lawyer to stop pacing and face the bench, warning, “You better be careful.” When Athanassiou tried to assert his client’s right to be heard, the judge ordered him taken into custody. The lawyer, who works for the Committee for Public Counsel Services, was held until GoBourne later withdrew the contempt finding.
The commission alleges there was no factual basis for the contempt order and that GoBourne engaged in willful misconduct, failed to be patient and courteous, and brought the judicial office into disrepute. Athanassiou’s office said the episode had a “chilling effect” on the right to counsel and that judges must be held accountable when they abuse their power.
GoBourne, appointed in 2010 and a resident of Milton, has 10 days to respond. The commission is seeking a public hearing before the Supreme Judicial Court.