Milwaukee County Judge Dugan case, jury trial delayed
Judge Dugan case, jury trial delayed
The jury trial for Hannah Dugan, the Milwaukee County judge accused of helping an undocumented man evade federal agents, has been delayed.
MILWAUKEE - The jury trial for Hannah Dugan, the Milwaukee County judge accused of helping an undocumented man evade immigration agents at the courthouse, has been delayed.
Trial delayed
In Court:
Federal District Court Judge Lynn Adelman pushed the trial because the court still needs to weigh Dugan's motion to dismiss.
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Dugan's defense argued she has judicial immunity, meaning she's protected from prosecution for her official actions as a judge.
"If you look at the indictment, if you look at the five things they point out, those are things that judges do," said Defense Attorney Jason Luczak. "Judges have to set hearings, they can call cases off the record. In the four corners of the walls of that courtroom, she has broad discretion to do the things the state of Wisconsin gives her the power to do."
Milwaukee Federal Building & U.S. Courthouse
However, the federal government said judicial immunity only applies to civil lawsuits and does not shield judges from criminal prosecution.
"Judicial immunity only applies to civil lawsuits. What is very strange about Judge Dugan’s motion to dismiss is she asserts an absolute immunity from criminal prosecution, even though all of the cases that she cites are about civil lawsuits," said Howard Schweber, University of Wisconsin political science professor emeritus.
What's next:
Dugan's trial was initially set to begin on July 21. The judge did not set a new date.
Dugan accused
What they're saying:
Dugan is charged in federal court with felony obstruction and misdemeanor concealing an individual to prevent arrest.
Federal prosecutors said Dugan escorted Eduardo Flores-Ruiz, 31, and his lawyer out of her courtroom through a back door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking to arrest him for being in the country illegally. She could face up to six years in prison and a $350,000 fine if convicted on both counts.
Video: Milwaukee County Judge Dugan, undocumented man at courthouse
New video from inside the Milwaukee County Courthouse shows Judge Hannah Dugan on the day federal immigration agents were there to arrest a man.
Dugan's attorneys said she’s innocent. They filed a motion to dismiss the case, saying she was acting in her official capacity as a judge and therefore is immune to prosecution. They also maintain that the federal government violated Wisconsin’s sovereignty by disrupting a state courtroom and prosecuting a state judge.
The Wisconsin Supreme Court suspended the Milwaukee County Circuit Court judge, saying it is in the public interest to temporarily relieve her of her duties as she faces federal charges. Her attorneys told FOX6 News she is still being paid.
Dig deeper:
According to prosecutors, Flores-Ruiz illegally reentered the U.S. after being deported in 2013. He was charged in March with misdemeanor domestic violence in Milwaukee County and was in Dugan’s courtroom for a hearing in that case on April 18.
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Dugan’s clerk alerted her that immigration agents were in the courthouse looking to arrest Flores-Ruiz, prosecutors alleged in court documents. According to an affidavit, Dugan became visibly angry at the agents’ arrival and called the situation "absurd." After discussing the warrant for Flores-Ruiz’s arrest with the agents, Dugan demanded that they speak with the chief judge and led them away from the courtroom.
Dugan then returned to the courtroom, was heard saying something to the effect of "wait, come with me," and then showed Flores-Ruiz and his attorney out a back door, the affidavit says. The immigration agents eventually detained Flores-Ruiz outside the building following a foot chase.
Dugan, 66, was arrested by the FBI on April 25 at the courthouse. A grand jury indicted Dugan on May 13, and she pleaded not guilty on May 15.
The Source: FOX6 has done significant reporting on the arrest and charges filed against Milwaukee County Judge Hannah Dugan. FOX6 produced this story with information from the latest federal motion with contributions from the Associated Press.