Judge’s Indictment Prosecution Moves Forward Amid Claims of Immunity

MILWAUKEE, Wisconsin — U.S. Magistrate Judge Nancy Joseph has recommended continuing the prosecution of Judge Hannah Dugan, 65, who is accused of helping an undocumented man evade immigration authorities. Dugan faces a two-count federal indictment that alleges she knowingly concealed a person sought for arrest and obstructed official Department of Homeland Security proceedings.

The recommendation follows arguments from Dugan’s attorneys, who cited the U.S. Supreme Court’s ruling regarding judicial immunity. They argued that Dugan should not be prosecuted as she was performing official acts as a judge. However, Judge Joseph concluded there is no immunity in this case, emphasizing that criminal actions must be addressed even if they are carried out in the course of official duties.

“What matters is whether the judge, even in performing her official duties, is accused of committing a crime,” Joseph wrote in her decision, which is non-binding and will be presented to U.S. District Judge Lynn Adelman for a final ruling.

Prosecutors allege that on April 18, Dugan encountered federal agents at the Milwaukee County Circuit Court, where an undocumented man faced charges. After speaking with the agents, Dugan redirected them and allegedly aided the man in escaping through a non-public exit, according to authorities. The man was later apprehended.

Joseph also recommended denying Dugan’s motion to dismiss based on the 10th Amendment’s separation of powers. She reminded that Dugan is presumed innocent until proven guilty beyond a reasonable doubt in a trial.

Attorneys for Dugan expressed disappointment in the recommendation and plan to appeal. “This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts,” said attorney Steven Biskupic.

Dugan has pleaded not guilty, and the trial date originally set for July 21 is delayed pending the outcome of the immunity issue.

The Wisconsin Supreme Court also recognized the public interest in temporarily relieving Dugan of her duties following her arrest.