A retired district court judge has been formally charged with judicial misconduct following an incident in which he ordered a public defender to be jailed during a court proceeding in Fall River, Massachusetts. The complaint, filed in June and announced by the state Commission on Judicial Conduct on Thursday, details the circumstances that led to the contempt citation and detention.
The incident occurred on March 25, 2025, during a pre-trial hearing presided over by former Judge Franco J. Gobourne, who retired in September 2025 after serving on the bench since 2010. According to the complaint, Gobourne took issue with attorney Nicholas Athanassiou, a public defender with the Committee for Public Counsel Services, when Athanassiou stepped away from the podium to retrieve a case file. The judge reportedly admonished Athanassiou for pacing and failing to face the bench, warning him to “be careful.” When Athanassiou asserted his client’s right to be heard, Gobourne interrupted and abruptly ordered the attorney’s arrest for criminal contempt.
Athanassiou was handcuffed and placed in leg restraints before being held in a cell for approximately five hours. Subsequently, Gobourne withdrew the contempt finding and released him. The complaint asserts that there was no factual basis for the contempt citation and that it was unnecessary to maintain courtroom order.
The Commission on Judicial Conduct’s formal charges accuse Gobourne of willful judicial misconduct, including failing to act with patience, dignity, and courtesy toward litigants and attorneys. The commission further alleges that Gobourne’s conduct brought the judiciary into disrepute, undermined the administration of justice, and violated provisions of the judicial code requiring judges to uphold the law impartially and maintain public confidence in judicial independence.
Gobourne, who resides in Milton, could not be reached for comment. The commission has given him 10 days to respond to the charges, and it has requested that the state Supreme Judicial Court appoint a hearing officer to oversee a public hearing. This hearing is expected to be scheduled within 30 to 60 days following the appointment.
Arnie Lucinda Stewart, deputy chief counsel of the Public Defender Division, issued a statement condemning Gobourne’s actions, emphasizing that such conduct has a “chilling effect” extending beyond a single courtroom. Stewart affirmed the Committee for Public Counsel Services’ commitment to holding officials accountable for abuses of power and expressed gratitude that the commission is treating the allegations with the gravity they deserve.