The legality of City Councilor Charles “Chuck” Turner’s eviction from the Boston City Council in December on corruption charges may be decided in a federal court.
Turner, who was convicted on Oct. 29 of taking a $1,000 bribe from an undercover FBI agent and for lying under oath, was expelled from his city council seat on Dec. 1. Turner represented District 7, which covers Roxbury, Lower Roxbury, the South End, Fenway and Dorchester.
The City Council removed Turner after enacting a rule which allowed them to remove him from office for “unbecoming conduct’’ by a two-thirds vote.
Turner is challenging that his expulsion from office took place prior to his sentencing, scheduled for Jan. 25, was illegal. A guilty sentence would result in Turner’s automatic removal from office.
In a court order published on Friday, U.S. District Chief Judge Mark L. Wolf asked both plaintiffs and defendants to submit their recommendations as to where the case stands.
The court memorandum advised parties to exercise caution because the legal authority to remove an incumbent has never been decided in court.
“Respect for separation of powers generally requires that courts exercise restraint and not decide constitutional issues unnecessarily,” Wolf said in the court memorandum.
“Respect for the role and responsibilities of the states generally makes it most appropriate for state courts, rather than federal courts, to decide uncertain issues of state law, particularly if they relate to state or local elections,” Wolf said.
Wolf has asked the plaintiffs and defendants if they want a new case to be brought before the state court, or if the question of Turner’s expulsion should be settled by the Massachusetts Supreme Judicial Court.
With special elections to fill Turner’s seat scheduled for Feb. 15 and March 15, the decision will need to be made with haste.
In a December press release, Mayor Thomas Menino commended the members of the City Council for “supporting a decision that upholds the integrity of the Boston City Council.”
“As elected officials, the public’s trust and confidence is of the utmost importance, and we must hold ourselves and our actions to a higher standard. We will continue to promote a spirit of trust and accountability among all employees and leaders across the City of Boston,” Menino said in the press release.
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