A federal judge on Tuesday rejected a request to dismiss criminal charges against Milwaukee County Circuit Court Judge Hannah Dugan, who is accused of obstructing federal immigration authorities by helping an illegal alien exit her courtroom through a restricted door.
U.S. District Judge Lynn Adelman issued a 27-page order denying the motion filed by Dugan’s attorneys, who had argued that the charges violated judicial immunity and constituted federal overreach. The order means the case will continue to move toward trial.
Dugan was arrested in April and indicted the following month by a federal grand jury.
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She faces charges of obstruction of justice stemming from an April 18 incident in which prosecutors say she concealed the whereabouts of Eduardo Flores-Ruiz, an illegal alien accused in a violent assault, during a pre-trial detention hearing. If convicted, she faces a sentence of up to 10 years in prison.
Video footage of the incident, released through an open records request, shows Dugan in her judicial robes interacting with federal immigration agents who were in the courthouse to take Flores-Ruiz into custody.
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Prosecutors allege that while she appeared to be assisting the agents, she was actually directing them away from Flores-Ruiz’s path of exit.
The footage also shows Flores-Ruiz and his attorney leaving the courtroom through a restricted door typically reserved for jurors.
Shortly afterward, federal agents can be seen pursuing him. According to prosecutors, Flores-Ruiz fled the building and ran for about a block before he was apprehended by Immigration and Customs Enforcement officers.
A criminal complaint filed after the incident alleged that Dugan’s actions were intended to prevent ICE agents from carrying out a lawful arrest.
She was taken into custody approximately one week later and indicted on May 13.
Dugan’s legal team filed a motion earlier this summer to dismiss the charges, citing judicial immunity.
They argued that the allegations were related to her role on the bench and that prosecuting her would intrude on judicial independence.
Judge Adelman, in his ruling, rejected that claim.
He referenced the findings of U.S. Magistrate Judge Nancy Joseph, who had also recommended that the motion be denied.
“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,’” Adelman wrote.
“As the magistrate judge noted, the same is true in the bribery prosecutions, concededly valid, where the judges were prosecuted for performing official acts intertwined with bribery.”
Adelman set September 3 as the deadline for Dugan’s attorneys to file an appeal of his decision
. If they pursue that appeal, it could delay the case for several months, potentially pushing the start of a trial into 2026.
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