Judge recommends that case against Wisconsin Judge Hannah Dugan proceed

MADISON Wis A federal magistrate judge recommended Monday that the development proceed against a Wisconsin judge who was indicted on accusations that she helped a man who is in the country illegally evade U S immigration agents seeking to arrest him in her courthouse Milwaukee County Circuit Judge Hannah Dugan was arrested in April and indicted on federal charges in May She pleaded not guilty The occurrence highlighted a clash between President Donald Trump s administration and local agents over the Republican s sweeping immigration crackdown Democrats have accused the Trump administration of trying to make a national example of Dugan to chill judicial opposition Dugan filed a motion in May to dismiss the charges against her saying she was acting in her official threshold as a judge and therefore is immune to prosecution She argued that the federal establishment violated Wisconsin s sovereignty by disrupting a state courtroom and prosecuting a state judge 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 We are disappointed in the magistrate judge s non-binding recommendation and we will appeal it Dugan attorney Steven Biskupic a former federal prosecutor announced in a declaration This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts 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 matter A judge s actions even when done in her official threshold does not bar criminal prosecution if the actions were done in violation of the criminal law Joseph wrote 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 Whether Dugan broke the law as alleged or she was merely performing her judicial duties as Dugan contends are questions for a jury to decide and can t be determined in a motion to dismiss Joseph declared Joseph also noted that both sides disagree on facts related to the development which also can t be resolved in a motion to dismiss It is pivotal to note that nothing explained here speaks to the merits of the assertions against Dugan the judge disclosed in the recommendation Dugan is presumed innocent and innocent she remains unless and until the regime proves the assertions against her beyond a reasonable doubt to a jury at trial No trial date has been set Dugan is charged with concealing an individual to prevent arrest a misdemeanor and obstruction which is a felony Prosecutors say she escorted Eduardo Flores-Ruiz and his lawyer out of her courtroom through a back door on April after learning that U S Immigration and Customs Enforcement agents were in the courthouse seeking to arrest him for being in the country without permanent legal status Related Articles Man charged with having machete outside St Paul school gets probation Man charged with killing former Minnesota House speaker says he looks forward to truth coming out Other voices Democrats sing a new tune on nationwide injunctions St Paul man gets probation for assault on Roseville officer at Walmart David French A reckless judicial nomination puts the Senate to the test Agents arrested Ruiz outside of the courthouse after a brief foot chase Dugan could face up to six years in prison and a fine if convicted on both counts Her episode is similar to one brought during the first Trump administration against a Massachusetts judge who was accused of helping a man sneak out a courthouse back door to evade a waiting immigration enforcement agent That scenario was eventually dismissed