Milwaukee County Judge Hannah Dugan will face trial on federal charges of obstruction and concealing an individual to prevent arrest. This decision follows a ruling by U.S. District Court Judge Lynn Adelman, who denied Dugan’s motion to dismiss the case against her.
Dugan is accused of aiding Eduardo Flores-Ruiz, a previously deported illegal immigrant, in evading Immigration and Customs Enforcement (ICE) during a court appearance in April. The judge allegedly misdirected federal agents, delaying their apprehension of Flores-Ruiz, who was facing battery charges at the time.
Adelman scheduled a hearing for next Wednesday to establish a timeline for the trial. In his 27-page ruling, he emphasized that no individual, including judges, is above the law. “A judge no less than any other man is subject to the processes of the criminal law,” he stated, referencing the case of United States v. Hastings.
While judges typically enjoy immunity from civil actions related to their official duties, Adelman clarified that criminal conduct is not protected. “Even judges, cloaked with absolute civil immunity for centuries, could be punished criminally for willful deprivations of constitutional rights,” he wrote, citing a 1976 Supreme Court ruling.
Dugan’s legal team argued that the federal prosecution infringes upon the Tenth Amendment and the authority of state judges. However, Adelman dismissed these claims, stating that the government has the stronger legal argument in this case.
Dugan faces a potential sentence of up to six years in prison and a $350,000 fine if convicted. She was arrested by FBI agents on April 25 at the courthouse, shortly after the alleged incident. Flores-Ruiz is expected to be deported again after serving a federal prison term for violating immigration law.
In response to the ruling, Dugan’s attorneys expressed disappointment but maintained their belief in her innocence. “We look forward to the trial which will show Judge Dugan did nothing wrong and simply treated this case like any other in front of her courtroom,” they stated.
The Wisconsin Supreme Court placed Dugan on administrative leave following her charges, during which she continues to receive full pay and benefits, amounting to nearly $50,000 during her suspension.
Adelman’s ruling has drawn attention due to his history as a nominee of President Bill Clinton and his previous criticisms of conservative judicial decisions. Despite his political leanings, he acknowledged the validity of the federal prosecution against Dugan.
Rep. Tom Tiffany, R-Wis., commented on the situation, stating, “When even a far-left judge like Lynn Adelman won’t toss your case, you know you have seriously crossed the line. Judge Hannah Dugan should be prosecuted to the fullest extent of the law and permanently barred from the bench.”
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