MADISON, Wis. (AP) — A federal magistrate judge recommended Monday that the case proceed against a Wisconsin judge who was indicted on allegations that she helped a man who is in the country illegally evade U.S. immigration agents seeking to arrest him in her courthouse.
Milwaukee County Circuit Judge Hannah Dugan was arrested in April and indicted on federal charges in May. She pleaded not guilty.
The case highlighted a clash between President Donald Trump’s administration and local authorities over the Republican’s sweeping immigration crackdown.
Democrats have accused the Trump administration of trying to make a national example of Dugan to chill judicial opposition.
Dugan filed a motion in May to dismiss the charges against her, saying she was acting in her official capacity as a judge and therefore is immune to prosecution. She argued that the federal government violated Wisconsin’s sovereignty by disrupting a state courtroom and prosecuting a state judge.
U.S. Magistrate Judge Nancy Joseph on Monday recommended against dropping the charges. The ultimate decision is up to U.S. District Judge Lynn Adelman, who can accept the other judge’s recommendation or reject it.
“We are disappointed in the magistrate judge’s non-binding recommendation, and we will appeal it,” Dugan attorney Steven Biskupic, a former federal prosecutor, said in a statement. “This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts.”
Joseph wrote 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 those in this case.
“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,” Joseph wrote.
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.
Whether Dugan broke the law as alleged, or she was merely performing her judicial duties as Dugan contends, are questions for a jury to decide and can’t be determined in a motion to dismiss, Joseph said.
Joseph also noted that both sides disagree on facts related to the case, which also can’t be resolved in a motion to dismiss.
“It is important to note that nothing said here speaks to the merits of the allegations against Dugan,” the judge said in the recommendation. “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.”
No trial date has been set.
Dugan is charged with concealing an individual to prevent arrest, a misdemeanor, and obstruction, which is a felony. Prosecutors say she escorted Eduardo Flores-Ruiz, 31, and his lawyer out of her courtroom through a back door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking to arrest him for being in the country without permanent legal status.
Agents arrested Ruiz outside of the courthouse after a brief foot chase.
Dugan could face up to six years in prison and a $350,000 fine if convicted on both counts.
Her case is similar to one brought during the first Trump administration against a Massachusetts judge, who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent. That case was eventually dismissed.
