After a prominent judge retired and took a job as a prosecutor, some defense attorneys say he should have disclosed his plans.
Former Circuit Court Judge David Boynton verbally agreed to join the Montgomery County State’s Attorney’s Office as head of the felony trial division Dec. 6, according to the state’s attorney. He retired from his position as a judge Feb. 10 and started in the prosecutor’s office three days later.
On Dec. 22, a former Magruder High School student who pleaded guilty to attempted first-degree murder for shooting and critically wounding a classmate in a school bathroom was sentenced to 18 years in prison.
His attorney, David Felsen, thought his client, who was 17 at the time of the shooting, would get 10-15 years.
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Now, Felsen argues Boynton should have recused himself from the case, because he had already engaged in negotiations with the State’s Attorney John McCarthy prior to the plea agreement.
Felsen asked for a new sentencing hearing.
“This really goes to the appearance of the integrity of the system,” he said.
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McCarthy disagrees anything was done wrong, but he did agree to resentencing in the Magruder shooting.
“Even though, as in the Alston Case, it was widely known by the local legal community that the judge would eventually be joining the State’s Attorney’s Office following retirement, the State agreed to join in any request for a rehearing of criminal matters presided over by Judge Boynton between November 18and December 29, 2022,” a statement from his office read, in part.
The office says there are four cases that could end up back in court, so far.
The office also contends Felsen knew the judge had taken the job prior to sentencing but did not object at the time.
Felsen would not say when he learned of Boynton’s new job.
“There’s no sense in playing any kind of games trying to litigate this in the news,” he said. “We’ve agreed to resentencing. That should tell you everything.”
The administrative office of the courts defended Boynton, saying in part “We are confident that Judge Boynton’s retirement and transition to his new position with the State’s Attorney’s Office (SAO) did not interfere with due process in any past, pending or new cases.”
A retired judge from Prince George’s County will handle resentencing in the Magruder case and any other cases that may face a similar challenge.
When asked for comment, Boynton referred News4 to the state’s attorney’s statement.
Felsen says he’s not accusing Boynton or McCarthy of wrongdoing, but he wants to make sure his client got a fair sentence.
The public defender for Montgomery County is challenging two criminal cases as well. The office says it was not aware of Boynton’s plans to become a prosecutor and the appearance of bias and other ethical issues is “especially concerning.”
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