Federal Judge Recommends Proceeding with Case Against Hannah Dugan
In a recent development concerning the ongoing case against Milwaukee County Circuit Judge Hannah Dugan, a federal magistrate judge has stated that the Justice Department’s criminal charges should proceed. U.S. Magistrate Judge Nancy Joseph recommended on Monday that Judge Dugan’s motion to dismiss the indictment be rejected.
Background of the Case
Hannah Dugan was arrested in April facing two federal counts linked to allegations of facilitating the evasion of federal immigration agents by an individual in the courthouse. The charges include one misdemeanor count of concealing an individual to prevent arrest and one felony count of obstruction of justice. Dugan, maintaining her innocence, has entered a not guilty plea for both charges.
Arguments Presented
Judge Dugan’s legal team contends that the indictment should be dismissed on the grounds of judicial immunity, arguing that her actions were conducted within her official capacity as a state judge. They further assert that the federal prosecution infringes upon Wisconsin’s sovereignty and disrupts the responsibilities of an elected state official.
In their motion to dismiss, her attorneys labeled the government’s actions as “virtually unprecedented and entirely unconstitutional.” However, U.S. federal prosecutors have urged the court to deny this motion, arguing that allowing Dugan’s dismissal would set a concerning precedent for judicial conduct. They emphasized that judges should not be above the law and that any ruling to the contrary would undermine lawful enforcement actions taken by federal agents.
Magistrate Judge’s Recommendations
In her detailed report, Judge Joseph explained that while judges are usually granted absolute immunity from civil lawsuits regarding judicial acts, this principle does not extend into criminal prosecutions for violations of the law. She underlined that the case is fundamentally different from civil matters involving judges.
| Charge | Type | Status |
|---|---|---|
| Concealing an Individual | Misdemeanor | Not Guilty Plea |
| Obstruction | Felony | Not Guilty Plea |
Next Steps in the Legal Proceedings
Although Judge Joseph made her recommendations, it’s important to note that these are non-binding and the ultimate decision rests with U.S. District Judge Lynn Adelman. A jury trial was initially scheduled to commence on July 21, which has now been postponed, pending further developments in the case.
In her defense, Dugan referenced a Supreme Court ruling from 2024 that upheld presidential immunity from criminal charges tied to official acts during office. However, Judge Joseph expressed skepticism regarding the applicability of this precedent to Dugan’s situation, asserting that no established immunity doctrine protects judges from prosecution for alleged criminal offenses stemming from their official functions.
As proceedings continue, the legal community and public await further clarity on the implications of this case for judicial conduct and federal oversight.
