Federal prosecutors have responded to a Wisconsin judge’s attempt to dismiss obstruction charges, stating in a new court filing that judicial immunity does not apply in this case.
Judge Hannah Dugan of the Milwaukee County Circuit Court was arrested on April 25 by the FBI and is accused of interfering with the arrest of Eduardo Flores-Ruiz, who was wanted by federal immigration authorities.
According to court documents, prosecutors argue that Dugan’s motion to dismiss the charges is unfounded. They note that long-standing legal precedent allows judges to be prosecuted for criminal conduct, even while serving on the bench.
The filing alleges that Dugan took several actions outside the scope of her judicial role, including pausing an unrelated case, interrupting a colleague’s courtroom, and confronting federal agents in a courthouse hallway. Prosecutors claim she then directed agents away from the area and helped escort Flores-Ruiz and his attorney into a restricted hallway with access to an exit.
Surveillance footage, obtained through a public records request, reportedly shows the individual and his attorney exiting through a private door and taking an elevator to the main floor, where he was later apprehended outside the courthouse after a short foot chase.
The prosecutors maintain that Dugan’s actions were not part of her official judicial responsibilities and amounted to an effort to obstruct the arrest of Flores-Ruiz, who was due to appear in her courtroom that day on a battery charge.
They also emphasized that nothing in the indictment suggests federal agents disrupted court proceedings, as Dugan has claimed. Instead, the prosecutors argue, the situation unfolded as a result of her own decisions.
Dugan has pleaded not guilty. Her trial is scheduled for July 21.
In response to the allegations, the Wisconsin Supreme Court issued an administrative order in late April temporarily suspending Judge Dugan from her duties, prohibiting her from exercising judicial powers while the legal process continues.
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