Formal charges have been filed with the Supreme Judicial Court against retired Judge Franco GoBourne, a former Circuit Justice of the District Court Department, the Commission on Judicial Conduct announced.
The charges, issued stem from a March 25th, 2025, hearing in Fall River District Court.
During a pretrial appearance in Commonwealth v. Robson Martins DaSilva, Judge GoBourne ordered Committee for Public Counsel Services attorney Nicholas Athanassiou taken into custody and found him in criminal contempt after telling him to stop pacing and face the bench. Court officers handcuffed Athanassiou, removed his personal items, placed him in leg restraints, and held him in a cell for approximately five hours before GoBourne released him and withdrew the contempt finding later that afternoon.
The Commission alleges that GoBourne engaged in willful judicial misconduct that brought the judicial office into disrepute, was prejudicial to the administration of justice, and was unbecoming of a judicial officer. It further charges violations of the Code of Judicial Conduct, including failures to act in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary; to uphold and apply the law fairly and impartially; to avoid the appearance of bias or lack of impartiality; and to be patient, dignified, and courteous to litigants and lawyers.
A complaint was filed with the Commission on June 6th, 2025, by the Committee for Public Counsel Services. The Commission issued a Statement of Allegations on July 16th, 2026, and served it on GoBourne. Formal charges followed after he did not submit a written response. GoBourne, who was appointed in 2010 and retired in September 2025, has ten days from service of the formal charges to file a response.
The Commission has asked the Supreme Judicial Court to appoint a Hearing Officer to preside over a public hearing. Once appointed, the hearing is to be scheduled within thirty to sixty days. Upon the filing of any response or the expiration of the response period, the Commission’s responsibility for the charges and any response ceases, and the matter proceeds before the Supreme Judicial Court.
For more on the incident, click here.
To read the full complaint, click here.
