Milwaukee, WI – A significant legal development unfolded on Tuesday as a U.S. District Judge denied Milwaukee County Judge Hannah Dugan’s request to dismiss charges alleging she assisted an undocumented immigrant in evading federal Immigration and Customs Enforcement (ICE) agents earlier this year. This ruling keeps alive the contentious federal case accusing Judge Dugan of obstructing federal authorities in their execution of immigration enforcement.
Judge Dugan, who was arrested in April following accusations of helping Eduardo Flores-Ruiz avoid capture by plainclothes ICE agents, had claimed judicial immunity for her actions, asserting that her conduct was part of her official duties. However, the federal court has determined that her immunity defense is insufficient, allowing the obstruction case to proceed.
The Controversy Surrounding Judicial Immunity Claims
Judge Dugan’s defense team argued the judge’s actions were protected under judicial immunity, which shields judges from lawsuits and prosecution related to their official functions. They also contended that the federal government’s decision to arrest and charge her infringed upon the U.S. Constitution’s 10th Amendment and the separation of powers doctrine.
The legal team emphasized that Dugan could only be convicted for activities that are completely separate from judicial duties, such as corruption or constitutional violations, none of which apply to this case.
However, U.S. District Judge Lynn Adelman dismissed these arguments in his ruling. He cited the Supreme Court’s precedent that the burden lies with the official to demonstrate that immunity is justified for their specific actions. Judge Adelman stated,
“I cannot say as a matter of law that the defendant’s alleged conduct falls within even this more limited version of immunity.”
He further clarified,
“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.’”
Details of the Alleged Obstruction Incident
Federal prosecutors allege that on April 18, 2023, Judge Dugan actively helped Flores-Ruiz and his attorney exit the courtroom through a back door in an effort to evade ICE agents who were present to serve a warrant. The indictment claims that Dugan misled ICE agents by falsely stating they required a judicial warrant and redirected them to the chief judge’s office. Additionally, she reportedly handled the case off the record rather than holding the scheduled hearing.
Despite the alleged assistance, Flores-Ruiz was eventually arrested. He faces charges including three misdemeanor battery counts.
Next Steps and Timeline for the Legal Proceedings
Judge Adelman has scheduled a hearing to address Dugan’s motion for September 3, 2023. Both the prosecution and defense have expressed their desire to have a trial commence before the end of the year, although a specific trial date has yet to be set.
Broader Implications and Ongoing Debate
- The ruling emphasizes limitations to judicial immunity, especially in cases where judges may have crossed into obstruction of justice.
- The case highlights tensions between federal immigration enforcement and local judicial actors.
- Questions remain about the extent to which judicial officials can intervene in immigration matters without facing legal consequences.
