A Wisconsin judge accused of helping a man evade arrest by Immigration and Customs Enforcement had her motion to dismiss the charges denied. Lawyers for Milwaukee County Circuit Judge Hannah Dugan had argued the charges brought against her by the Trump administration should be dropped because she was acting in her official capacity as a judge.
The defense team argued that Dugan should be considered immune from prosecution due to the circumstances.
The ruling
U.S. District Judge Lynn Adelman rejected Dugan’s defense team’s argument on Tuesday and sided with the finding of a judge who also ruled the case should proceed.
Adelman said in his ruling that “the particulars of this case may be unusual,” but “there is no firmly established judicial immunity barring criminal prosecution of judges for judicial acts. There is no basis for granting immunity simply because some of the allegations in the indictment describe conduct which could be considered ‘part of a judge’s job.’”
Dugan’s defense team said in a statement that they were disappointed in the ruling but noted they “look forward to the trial which will show Judge Dugan did nothing wrong and simply treated this case like any other in front of her courtroom.”
What happens next?
The ruling can still be appealed, and another hearing for the case is scheduled on Sept. 3.
Dugan’s attorneys did not indicate whether they planned to appeal the ruling or not.
Dugan has pleaded not guilty to the charges against her, which could result in up to six years in prison and a $350,000 fine if she’s found guilty. She’s charged with concealing an individual to prevent arrest and obstruction.
No trial date has been scheduled for the case.
The accusations against Dugan
Video released in late May, following her request to dismiss the charges, showed her escorting Eduardo Flores-Ruiz, 31, and his legal representative out of her courtroom through a back door in April. Prosecutors say she did so after being made aware of ICE agents in the courthouse who sought to arrest Flores-Ruiz for being in the country without legal authorization. Authorities say he fled after agents spotted him outside the courtroom but was eventually arrested.