(The Center Square) – A federal judge denied Milwaukee County Judge Hannah Dugan’s request to dismiss charges against her based on judicial immunity in a Tuesday afternoon ruling.
“There is no basis for granting immunity simply because some of the allegations in the indictment describe conduct that could be considered ‘part of a judge’s job,’” wrote U.S. District Judge Lynn Adelman.
Instead, Dugan will face the charges of obstruction of a federal proceeding and concealing an individual to prevent discovery or arrest. The obstruction charge could lead to up to a $100,000 fine and a year in prison while the second concealment charge can lead to up to five years in prison and a $250,000 fine.
Dugan’s lawyers had argued that she should not be prosecuted for her actions related to a defendant in her courtroom set to be arrested by Immigration and Customs Enforcement officers outside the courtroom due to judicial immunity
“According to the government, there is no general rule of immunity, and what defendant calls exceptions are simply examples of the types of prosecutions that have been brought against judges,” Adelman wrote. “A review of the relevant history reveals the government has the better of the argument.”
The next hearing on the case will take place in September.
Courthouse video showed Dugan walking a defendant through the court building past Immigration and Customs Enforcement officers there to arrest defendant Eduardo Flores-Ruiz.
Flores-Ruiz was ultimately arrested outside the courthouse after Dugan is accused of concealing Flores-Ruiz, who was previously deported and came back to the U.S., where he was facing charges in Milwaukee of domestic battery and abuse.
