Federal Judge Goes Against Fellow Judge Hannah Dugan

A federal magistrate judge has advised that the criminal case against Wisconsin Circuit Judge Hannah Dugan should proceed. Knewz.com has learned that Dugan is accused of helping a man in the U.S. illegally avoid arrest by federal immigration agents in her courthouse. The case has garnered national attention, underscoring the ongoing tensions between the Donald Trump administration’s aggressive immigration policies and the authority of local and state courts.

The Allegations Against Judge Dugan

Milwaukee County Circuit Court Judge Dugan was arrested in April and indicted the following month on one felony count of obstruction and one misdemeanor count of concealing an individual to prevent arrest. Prosecutors alleged that on April 18, she facilitated the escape of 31-year-old Eduardo Flores-Ruiz by directing him and his attorney to exit the courthouse through a back door after learning that U.S. Immigration and Customs Enforcement (ICE) agents were on the premises. However, Ruiz was later apprehended by ICE officers following a brief chase outside the courthouse. If convicted on both charges, Judge Dugan could face up to six years in prison and fines totaling $350,000.

Dugan Contests the Charges

In May, Dugan sought to have the charges against her dismissed, contending that her actions were part of her official judicial duties and thus protected from prosecution. She further claimed that the federal government overstepped its bounds by interfering in a state courtroom and targeting a state judge, thereby violating Wisconsin’s sovereignty. “Dugan also argued that the prosecution under federal law violated the U.S. Constitution’s separation of powers because it overrides the state of Wisconsin’s ability to administer its courts,” reports have mentioned.

Federal Judge Recommends Against Dropping the Charges

U.S. Magistrate Judge Nancy Joseph recommended against dropping the charges, writing in her recommendation that while judges have immunity from civil lawsuits seeking monetary damages when engaging in judicial acts, that does not apply to criminal charges like the ones brought against Judge Dugan. “A judge’s actions, even when done in her official capacity, does not bar criminal prosecution if the actions were done in violation of the criminal law,” the federal judge wrote. Joseph also emphasized that the case involves factual disputes between both parties, which cannot be settled through a motion to dismiss. She further said it’s up to a jury to decide whether Dugan broke the law as alleged or was merely performing her judicial duties as Dugan contends. “It is important to note that nothing said here speaks to the merits of the allegations against Dugan. … Dugan is presumed innocent, and innocent she remains, unless and until the government proves the allegations against her beyond a reasonable doubt to a jury at trial,” the judge said in the recommendation.

Dugan’s Legal Team Intends to Contest the Recommendation

Judge Dugan’s attorney Steven Biskupic, a former federal prosecutor, said in a statement, “We are disappointed in the magistrate judge’s non-binding recommendation, and we will appeal it. … This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts.” It is worth noting that the ultimate decision rests with U.S. District Judge Lynn Adelman, who can either accept or reject the federal judge’s recommendation.

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