Federal case against Milwaukee judge accused of concealing illegal migrant should continue, judge recommends

The case against a Milwaukee County judge accused of shielding an illegal migrant from deportation officers will proceed, a federal magistrate judge recommended on Monday.

Judge Hannah Dugan is accused of knowingly helping the migrant exit a courtroom through a back door, which was not accessible to the public, in order for him to evade ICE authorities and telling the officers in her court that they needed a warrant to make the arrest. 

Dugan had 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.

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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. 

“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 is charged with obstruction of justice and concealing a person to prevent arrests. She faces up to six years in prison and a $350,000 fine if convicted on both counts. She has already pleaded not guilty. 

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.

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.

But Joseph said questions about her acting in her official capacity and whether Dugan’s conduct was criminal or within her judicial discretion – must be resolved at trial, not in a motion to dismiss.

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Dugan attorney Steven Biskupic said his team was disappointed in the recommendation and that they would 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,” Biskupic said. 

Dugan was arrested by FBI officials in April as federal agents from ICE, FBI, CBP and DEA attempted to arrest illegal immigrant Eduardo Flores-Ruiz, 31, after his scheduled criminal court appearance before Dugan to face three misdemeanor battery charges for allegedly beating up two people.

She demanded that the officers proceed to the chief judge’s office and, after his hearing ended, escorted Flores-Ruiz and his attorney out a restricted jury door, bypassing the public area where agents were waiting, in order to help him avoid arrest, per a criminal complaint.

Officials said they found probable cause that he was removable under U.S. immigration law, given he was previously deported and never sought or obtained permission to re-enter the country. When agents identified themselves to him outside the court on April 18, he fled the scene on foot but was arrested after a short chase, according to the complaint.

Attorney General Pam Bondi previously said Flores-Ruiz had beaten up two people, “a guy and a girl.”

“[He] beat the guy, hit the guy 30 times, knocked him to the ground, choked him, beat up a woman so badly, they both had to go to the hospital.”

Dugan has worked with legal aid organizations and as executive director of Catholic Charities in the past. She was elected to Branch 31 of the Circuit Court in 2016 and ran unopposed in the 2022 election. She primarily oversees cases in its misdemeanor division, according to the Milwaukee Journal Sentinel.

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Her actions, while controversial, have also attracted an all-star legal defense team to argue in court on her behalf. 

As well as Biskupic, her defense team has tapped former Bush-era solicitor general Paul Clement to represent her.

Clement, who was also on Trump’s short list of Supreme Court nominees during his first term, is a well-respected litigator who has argued more than 100 cases before the Supreme Court. 

Fox News’ Jake Gibson, Louis Casiano and Greg Wehner as well as The Associated Press contributed to this report.