Robert A. Welsh III, the first justice of Orleans District Court on Cape Cod, is facing criminal charges in a domestic-violence case that has been shifted out of his home turf and into a Boston courtroom. Court filings accuse the longtime judge of assault and battery on a household member and a more serious count involving a dangerous weapon used against a person 60 or older.
Charges And Arraignment Moved To Brighton
According to The Boston Globe, paperwork filed in the Brighton Division of Boston Municipal Court lists a misdemeanor charge of assault and battery on a family or household member, along with a felony charge of assault and battery by means of a dangerous weapon on a person aged 60 or older. The records state that Welsh was scheduled to be arraigned on Tuesday, and that his attorney has asked the court to push that hearing into June.
Prosecutors Seek To Seal Records
Prosecutors moved to keep the police report and related documents under wraps ahead of any hearing, arguing that the materials identify the alleged victim and contain sensitive information, as reported by the Boston Herald. Court papers also show the case was transferred out of the Cape so prosecutors in Suffolk County could take it over, because the Cape and Islands district attorney's office had a conflict of interest.
Judge Placed On Administrative Duties
A Trial Court spokesperson told The Boston Globe that the chief justice of the District Court shifted Welsh to administrative duties effective May 11. In practical terms, that means he is off the bench and not presiding over cases while the criminal matter is pending, but he remains on the payroll unless and until the Trial Court decides otherwise. For a sitting first justice, it is a dramatic timeout.
What The Charges Carry
Under Massachusetts law, assault and battery involving a family or household member is covered by G.L. c.265, §13M, which can bring misdemeanor penalties and court-ordered batterer-intervention programs, according to the Massachusetts Legislature. More serious forms, including assault and battery by means of a dangerous weapon or those involving a victim who is 60 or older, are addressed by G.L. c.265, §15A and carry felony exposure and potential prison time. The specific penalty in any given case depends on how prosecutors charge the offense and what they can prove at trial, as outlined by the Massachusetts Legislature.
Background
Welsh is a familiar figure in Cape legal circles, a former assistant district attorney for the Cape and Islands who handled some of the region's highest-profile prosecutions before becoming a judge. He led the prosecution in the 2006 trial of Christopher McCowen for the murder of Christa Worthington, a case that drew national attention and was chronicled in detail by ABC News and local outlets.
In the current case, court records reflect that Welsh's attorney has asked to delay the arraignment, and as of the latest filings the presiding judge had not ruled on that request. Prosecutors, for their part, have asked the court to provide redacted versions of the criminal complaint to the defense at arraignment so that sensitive details are not publicly disclosed ahead of schedule.
