Boston Court Judge Richard Sinnott declined. He has accused many of the defendants anyway.
Susan Church, a defender representing demonstrators, objected to this decision and interrupted Sinnott on the grounds that he had no authority to do so. Sinnott then ordered them handcuffed and taken into custody.
This breathtaking confrontation and arrest in the courtroom this week sparked heated debate over the legal separation of powers, freedom of expression, and the ability of a prosecutor to implement reform-oriented plans.
Rollins filed for emergency application On Wednesday, the Supreme Court ordered Sinnott to accept the dismissal of charges against a demonstrator charged with disorderly conduct.
"The actions of Judge Richard Sinnott are unprecedented and outrageous," Rollins said in a statement. "His insistence on indicting people when my office disclaims a case in their sole discretion is an unconstitutional abuse of their power and serves neither the interests of the judiciary nor public security."
"The actions of Judge Sinnott represent a tremendous judicial wrongdoing, show a lack of proper temperament and violate the constitutional and legal rights of both the defendants and the lawyers' church," the organization said. "Moreover, his refusal to allow the executive to operate independently underlines either an alarming lack of rudimentary understanding of the constitutional principle of separation of powers or the conviction that it would not be held accountable."
Arrests at the Straight Pride Parade
Protested by a heavy police presence, protesters stood on float wagons and carried signs at the parade that carried the military and President Trump. They were hit by large groups of counter-demonstrators who said the parade mocked Boston's LGBTQ Pride parade.
"I am outraged by the idea that heterosexual people need a Pride parade," said Shoshanna Ehrlich, who came with her daughter. "We are not an oppressed majority, it is full of hate and insult."
Thirty-four people were arrested during the parade, said Boston police officer James Moccia, a department spokesman. Four policemen also suffered life-threatening injuries.
Judge rejects layoffs
On Tuesday, Rollins instructed the prosecutor to file charges against seven people for indictment for performing civilian service. The prosecution also filed "Nolle Prosequi" motions for three other people – a legal name meaning that they should not be prosecuted, as the police reports, according to the DA's office, are not a probable cause.
Instead, Judge Sinnott directed the seven individuals to persons accused of disorderly conduct, including some individuals who oppose additional charges of arrest. He also sued one of the three "Nolle Prosequi" cases and found a bail for the prosecution's appeal.
Rollins said Sinnott's decision had punished people for exercising their right of protest enshrined in the First Amendment.
"At my request, prosecutors used the constitutional discretion of the executive to investigate cases and use our resources most effectively to protect public safety." She said.
"Make no mistake: Some individuals have been appropriately charged and held accountable for actions that jeopardize public safety and law enforcement," she added. "For the people now involved in exercising their right to freedom of expression in the criminal justice system – many of whom have no criminal record – I will use the trial to remedy the judge's exceeding his role."
In another case, Judge Sinnott on Wednesday again refused to accept the motion to dismiss the indictment, which led to the arrest of Defender Church.
Church, which represented some of the demonstrators, began to argue with the judge's reasoning, she told CNN. She read aloud that the prosecution had the sole discretion not to prosecute a case, and the two began to argue.
"Next, I knew I was handcuffed," she told CNN.
Church was detained for just over three hours, she said.
"I was treated better than defendants, but I was scared because I did not know what would happen," she said. "I did not know if I would go home that night, I did not know if I would see my kids, I had to file court papers, so I had to ask someone to do that for me."
She According to Rollins, the charges of contempt were not legally levied. Sinnott "flogged because of his anger".
Rollins filed an emergency complaint against Sinnott on Wednesday, saying that he had unconstitutionally refused to accept the prosecutor's decision not to prosecute one of the demonstrators. The maximum penalty for misconduct as a first offense is US $ 150, but the judge has set the defendant's bail at US $ 750.
"My request is a solicitation to return to our courts to ensure the equitable administration of justice and restoring public confidence in the integrity of our legal system," Rollins said in a statement. "The people of Suffolk County have chosen me to do exactly what I do."