A Judge Jailed a Public Defender for Asking to Be Heard. Then He Said He Got a Call.

March 25, 2025, Fall River District Court. Public defender Nicholas Athanassiou tells Judge Franco GoBourne he just learned about possibly exculpatory evidence. He turns around to check his file. According to the transcript attached to formal charges filed by the state Commission on Judicial Conduct, the judge says, "Counsel, stop pacing," and a few lines later, "Take him into custody."

The lawyer's offense, per the commission, was saying, "Your Honor, my client has a right to be heard." The commission alleges his tone "remained polite and professional throughout." Court officers cuffed him, put him in leg restraints and locked him in a holding cell for about five hours, the charges say.

When the judge came back that afternoon, the transcript has him saying, "I got a call from the Chief Justice, and he was telling me you don't have it." He said maybe he "should have been more ... a little bit more patient," told the lawyer "you have let me down," and then: "I'll drop the contempt. Release him."

The charges allege willful misconduct and five Code of Judicial Conduct violations. They're allegations. GoBourne retired in September 2025 and didn't respond to the commission's earlier statement of allegations, the charges say. CPCS's Arnie Lucinda Stewart put it plainly to Mass Lawyers Weekly: "Judges wield immense power, and that power cannot go unchecked when it is abused."

What we still don't know: what penalty is even possible for a retired judge, when the public hearing happens, and whether GoBourne will finally answer.