A federal magistrate judge has recommended denying a Wisconsin judge’s motion to dismiss criminal charges against her over helping an illegal immigrant evade capture by federal authorities.
U.S. Magistrate Judge Nancy Joseph on Monday rejected Wisconsin Circuit Court Judge Hannah Dugan’s motion to dismiss charges against her. Judge Dugan had argued that she is immune from criminal prosecution for her acts as a judge and that the federal government prosecuting her as a state judge violates the Constitution.
Judge Joseph said judges are immune from civil lawsuits but there is no precedent to support immunity from criminal prosecution.
“Does judicial immunity shield Dugan from prosecution because the indictment alleges she violated federal criminal law while performing judicial duties? The answer is no. As discussed above, there is no firmly established absolute judicial immunity barring criminal prosecution of judges for judicial acts,” Judge Joseph wrote in a filing.
It is up to U.S. District Judge Lynn Adelman to accept or reject Judge Joseph’s recommendation to deny the motion to dismiss. Judge Adelman is a Clinton appointee.
“We are disappointed in the magistrate judge’s non-binding recommendation, and we will appeal it,” said Steven Biskupic, Judge Dugan’s attorney. “This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts.”
A grand jury in May returned an indictment against Judge Dugan, who serves in Milwaukee County, for knowingly concealing a person who was wanted for arrest and obstructing removal proceedings from the Department of Homeland Security.
She has pleaded not guilty. No trial date has been set. She faces up to six years in prison and a potential fine of $350,000.
The Trump administration accused Judge Dugan of escorting Eduardo Flores-Ruiz out of the back of her courtroom in April to evade arrest from Immigration and Customs Enforcement agents who were in the courthouse seeking to detain him because he was in the country without permanent legal status.
Agents eventually arrested Mr. Flores-Ruiz.
During the first Trump administration, a Massachusetts judge faced a case for helping a man sneak out of his courthouse to evade immigration enforcement. That case was later dismissed.
• This article is based in part on wire service reports.
