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Chelsea court official allegedly had sex in courtroom

February 27, 2009 05:24 PM

By Shelley Murphy, Globe Staff

An assistant clerk at the Chelsea District Court was arrested by the FBI this morning on charges that he had sex with an accused prostitute in an empty courtroom while promising to help get a charge against her dismissed.

James "Jim" Burke, 41, of Chelsea, made a brief appearance this morning before US Magistrate Judge Timothy S. Hillman, who released him on $10,000 unsecured bond and ordered him to return to federal court March 26 for a probable cause hearing. A spokeswoman for the state court system said he was suspended without pay.

"It's a perversion of the legal system and a gross abuse of power,'' said Assistant US Attorney Brian T. Kelly, head of the US attorney's public corruption unit.

The accused prostitute was in the Chelsea court with her lawyer in December trying to get an old prostitution charge dismissed when she saw Burke. She confided to her lawyer that Burke had approached her when she was in the lockup at the courthouse on the charge in February 2005, asking her if she was a "working girl" and offering to get her case dismissed if she provided sex, according to an FBI affidavit filed in federal court.

The woman said Burke, who has worked in the court since 1998, took her into a courtroom, where she performed oral sex on him. However, the charges were not dismissed and are still pending.

After her lawyer alerted the FBI, the woman began cooperating with agents and secretly recorded conversations with Burke, who allegedly acknowledged their earlier sexual encounter and offered to help her get the new charges dismissed if she helped him again, the affidavit says.

During a call that was secretly recorded by the FBI on Dec. 8, Burke said they were able to have sex in the courtroom three years earlier "because it was late in the day and the only judge left was not going to go downstairs,'' the affidavit said.

Burke asked the woman if she thought it was "hot" that they had sex in a courtroom and told her, "It's good because it's like it's so bad,'' the affidavit said.

Burke also said that there was another room in the courthouse where he had been with someone else, "just hookin' up,'' but he was upset because that person later told someone about the encounter.

During a secretly recorded meeting at the court on Dec. 18, Burke, who claimed to have spoken to the district attorney's office, allegedly told the woman that she was "all set'' and had gotten off too easy. He suggested they "do it right now,'' but the woman declined.

Burke's attorney, Stephen D. Judge, didn't return messages seeking comment.

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43 comments so far...
  1. I wonder if he'll still receive his state pension????

    I guess YES

    Posted by Corrupt State February 27, 09 01:24 PM
  1. Wow so romantic!

    Posted by Chocgirl February 27, 09 01:26 PM
  1. And what's so bad about this? (hahaha!)

    Posted by jrp02116 February 27, 09 01:28 PM
  1. God bless the Commonwealth of Massachusetts!!!

    Posted by closaa February 27, 09 01:30 PM
  1. What a moron!

    Posted by Shecky28 February 27, 09 01:32 PM
  1. I know how that feel in the lockup area, I been there, can so scary becuse you
    being shackle and you don't know what they are going to do with you and they
    put the camra right where you do your things. He should jail for 10 years if
    he found guilty that's how I see it. No one should be allow to be above the
    law especially those in uniforms.

    Posted by Stephanie Kwan February 27, 09 01:49 PM
  1. Ha...a "perversion" of the system and "gross" abuse of power...well done, Brian Kelley.

    Posted by dr12487 February 27, 09 01:50 PM
  1. Our court system is clogged. Shouldn't court officials spend their time in the court room having sex with violent felons instead of common streetwalkers?

    Posted by Doctor Mel February 27, 09 01:52 PM
  1. Ha ha! This is pretty funny! Wow, what can you say. Don't worry Burke, you'll still get your pension.

    Posted by youarenotaman February 27, 09 02:01 PM
  1. The FBI?!?!?!? Holy smokes! I didn't think that would be considered such a HUGE crime! Plus, what did they need to investigate? Sounds pretty cut and dry to me!

    Foolish, foolish, foolish world we live in folks......

    Posted by M February 27, 09 02:01 PM
  1. Pig

    Posted by rhinoboy February 27, 09 02:04 PM
  1. The real story here is how did this clerk get the February, 2005 charge dismissed? There must be a corrupt District Attorney who has no problem handing out favors to court employees and their friends/family.

    Posted by Taft February 27, 09 02:20 PM
  1. Looks like if you are unemployed the courthouse will be hiring...

    Posted by Mike February 27, 09 02:28 PM
  1. Oh, Shirley.....

    Posted by Denny Crane February 27, 09 02:31 PM
  1. Pensions, prostitutes, per diems, and a long weekend every month except August!!! Are you kidding me? I only wish that I had not wasted my time studying finance in college and grad school (lots of good that did) I should have been studying, "government relations" by now I would be on easy street.

    Posted by Workingisforlosers February 27, 09 02:44 PM
  1. Why does this not shock me? Sad..Sad...Sad.

    Posted by oldguy323 February 27, 09 02:44 PM
  1. Well he could always pull a Clinton - " I did not have sexual relations with that woman! "

    What a pig!

    Posted by tassi February 27, 09 02:51 PM
  1. Is having sex in a courtroom illegal? Is that the story? Or is the story really an assistant clerk abusing his power (if he has any) Who cares if he did it for sex or money or tickets to the RedSox? To whoever makes up the headlines..we're not 12 years old. Well, maybe there are some 12 yr old readers. To the 12 yr olds, look beyond the headlines to find the real story..if there even is one.

    Posted by MrChuck February 27, 09 02:59 PM
  1. According to President Clinton oral sex is not sex

    Posted by timothyjok February 27, 09 03:58 PM
  1. Thats hysterical.....cant make that stuff up!

    Posted by nh February 27, 09 04:53 PM
  1. This is a disgusting disgrace. I hope he serves federal time for this gross abuse of power.

    It's no surprise to anyone whose encountered Clerk Burke at the Chelsea court.

    Posted by Mr. T February 27, 09 04:56 PM
  1. This is the most discraceful and disgusting abuse of power I have ever heard of. i hope there's a jail cell big enough to hold this fat hack.

    Posted by Bob C. February 27, 09 04:58 PM
  1. It's about time he finally got. It will be interesting to see who else now will be brave enough to step forward and report other sexploitation.

    Posted by MXT February 27, 09 05:00 PM
  1. What a little worm!

    He didn't even hold up his end of the filthy, nasty bargain.

    Posted by Paully February 27, 09 05:01 PM
  1. Finally, our justice system as it was intended to work. Kudos to Burke, I hope modern feminist tainted jurisprudence doesn't do you in....

    Posted by pj1 February 27, 09 05:03 PM
  1. good for the FBI!!!

    Without his owns words being his undoing, who would have believed this court official over a convicted prostitute?

    Posted by Big Willie February 27, 09 05:03 PM
  1. Consider whether the FBI's offer to help dismiss her charges if she cooperated by meeting with this perv criminal (any possiblely having more sex) is any better than what the clerk did.

    Posted by Michael Roberts February 27, 09 05:09 PM
  1. There is nothing written in the states employee conduct handbook about not having sex in an empty court room. Witch hunters please leave this man alone.

    Posted by Kreter February 27, 09 05:10 PM
  1. Taft: Your accusation about crooked DAs is not justified. From the article:
    "However, the charges were not dismissed and are still pending." Sounds like it's just a sleazy assistant clerk so far, who promised a favor in return for sex, but delivering nothing but bodily fluids.

    Posted by Gag me with a spoon February 27, 09 05:14 PM
  1. I get the hang him approach to this. But, ok, your a prostitute and you did your trick in the court of law. What are the ramifications of those actions? What is she above the law because she cooperated. Or, do they just tack it on the existing 'record' and sweep it under the carpet. I sense bias here..

    Last I checked it takes two...

    Posted by John February 27, 09 05:19 PM
  1. Pics or it didn't happen.

    Posted by dave February 27, 09 05:21 PM
  1. Is the court officer's alias George Costanza?

    Posted by LJ February 27, 09 05:24 PM
  1. READ THE FBI AFFIDAVIT!!!

    Why wasn't Jerk Clerk Burke FIRED AFTER THE FIRST TIME HE WAS CAUGHT DOING THIS TO ANOTHER CITIZEN ... A DIFFERENT WOMAN???

    Is that why the door is ALWAYS LOCKED to the "Attorney Lounge" in the basement of the Chelsea Court. The COURT LOCKED THE DOOR BECAUSE THEY KNEW BURKE WAS HAVING SEX IN THERE & DID NOTHING!

    Posted by vicT February 27, 09 06:03 PM
  1. What a fat disgusting abuser of power!

    We need to make an example out of this hack pervert!

    Posted by vicT February 27, 09 06:05 PM
  1. The whole criminal system is corrupt people! Go to mass.gov and read the bar suspensions, or the police complaints, or how about the latest drug case with 18 kilos of cocaine that a DEA agent lied about, and the dealer is now home with his family. It is job creation, its not about liberal or conservative when they all collect from the same pay check, it is about locking up people that can not get out.

    Start voting not guilty in court rooms to let these bums know who runs this state. The poor defendants are usually on bogus charges but are threatened if they do not take a plea

    Posted by toomanyprosecutions February 27, 09 06:37 PM
  1. No doubt there's more to this and that's why the fbi's involved. Even once is a disgrace, but I bet we'll be hearing more about Burke.

    Posted by NickS February 27, 09 06:51 PM
  1. They will all be coming out of the woodwork now. How many cases are in jep? More tax dollars wasted. Thanks Burkie

    Posted by Lisa L. February 27, 09 07:39 PM
  1. Amen... I was praying for this day that you would finally be caught and I am sure soon you will be caught with everything you have done in your ugly past. The FBI finally caught on to you and what you are involved in.. It will all come out in the open now with all you are involved in.. I am sure more and more people will be speaking out about Burke now. He deserves to be locked up. He has done alot of damage to people and he has a violent temper

    Posted by ppp7 February 28, 09 12:29 AM
  1. There is nothing more to investigate. Any public property (hospital, court, and etc) is a federal jurisdiction; that is why FBI is on the case.

    Posted by That's Hot! February 28, 09 01:27 AM
  1. THIS IS DISGUSTING AND DISGRACEFUL!! I sure hope Burke doesn't have children of his own because they are the ones that suffer from this BS.

    Posted by minno February 28, 09 07:49 AM
  1. Kreter, although sex in the courtroom is inappropriate, the real issue is that he bargained for benefits, influence peddling. This is an abuse of power, a violation of the public trust and he is going down. Game over. Light the cigar, this idiot is toast.

    Posted by Kai February 28, 09 08:54 AM
  1. Its about time you get what you deserve Burke. Your past has finally caught up with you. Well at least some of it has and I am sure the rest of your nasty past will all come out in the open now soon by the FBI. You can run but you cannot hide Burke. I hope you do get locked up for this and everything else you have done in your past that has not been said yet. You do not deserve to be free and out on the streets. You lost your job and I sure you have lost your son now too. You disrespect every female you lay eyes on and have a ugly temper

    Posted by tgr99 March 2, 09 03:49 PM
  1. Is he still dating the coworker ? I am sure he has her fooled like everyone else.....

    Posted by wbww0 March 5, 09 03:31 PM
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