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By Samuel A. Lopez – USA Herald

MADISON, Wis. (USA Herald) — A Wisconsin judge charged with obstruction of justice for allegedly helping an undocumented immigrant evade arrest is asserting that her judicial immunity shields her from prosecution. But as the legal showdown intensifies, experts are divided on whether her actions qualify as official judicial conduct—or a brazen attempt to thwart federal immigration law.

Federal prosecutors allege that Milwaukee County Circuit Judge Hannah Dugan went beyond her judicial role when she facilitated the courthouse escape of Eduardo Flores-Ruiz, a previously deported immigrant wanted by U.S. Immigration and Customs Enforcement (ICE).

On Wednesday, Dugan's legal team filed a motion to dismiss the charges, invoking the doctrine of judicial immunity. Her attorneys argue that her conduct that day amounted to nothing more than the "management of courtroom movement" and that she should not be criminally prosecuted for official acts performed in her capacity as a judge.

"The problems with the prosecution are legion," her attorneys wrote, adding that immunity is an "absolute bar to prosecution at the outset," not merely a defense to be considered later by a jury.

However, prosecutors tell a very different story.

According to court documents, immigration agents were at the courthouse on April 18 to arrest Flores-Ruiz, who had been charged with misdemeanor domestic violence after reentering the U.S. illegally. After being informed of ICE's presence by her clerk, Judge Dugan allegedly expressed outrage, called the situation "absurd," and attempted to redirect agents to the chief judge. But what followed was even more concerning: she allegedly showed Flores-Ruiz and his attorney a back exit, allowing the man to flee. A foot chase ensued outside the courthouse, ending with his arrest.

Dugan was later indicted on federal charges of obstruction and concealing an individual to prevent arrest—crimes that carry up to six years in prison.

Dugan's defense hinges on the interpretation of judicial immunity, a long-standing doctrine designed to protect judges from civil and criminal liability for acts performed in their official capacity. Citing last year's U.S. Supreme Court ruling in the Trump presidential immunity case, her lawyers claim she is entitled to absolute protection.

Yet that Supreme Court ruling dealt with the unique constitutional protections afforded to U.S. Presidents, not trial-level judges. Legal analysts argue that Dugan's reliance on this precedent is a stretch, at best.

“She is not a former president. She is a county judge. Her authority is limited to adjudicating cases within her jurisdiction—not undermining federal law enforcement operations in her courthouse," said legal analyst, Gavin Tyron.

For judicial immunity to apply, the act must be both judicial in nature and within the judge's jurisdiction. But leading someone out the back door to elude ICE may fall outside that scope.

"This wasn't a ruling from the bench," said David Kaplan, a Wisconsin-based constitutional attorney. "This was an active attempt to help someone escape the law. That’s not judicial. That’s interference."

The prosecution’s legal strategy appears aimed at piercing the immunity shield by proving Dugan’s actions were administrative—not judicial.

In Mireles v. Waco, 502 U.S. 9 (1991), the U.S. Supreme Court acknowledged that judges are not immune from actions that are "nonjudicial" or taken in the complete absence of jurisdiction. If Dugan’s conduct is deemed nonjudicial, her motion to dismiss could be rejected outright.

Further, in United States v. Lanier, 520 U.S. 259 (1997), the Court held that judicial immunity cannot be used to shield a judge from criminal liability when their conduct violates clearly established law.

Dugan’s attorneys also argue that the prosecution amounts to federal overreach into Wisconsin's state judicial processes. The motion criticizes the federal government for “disrupting active proceedings” and interfering with the judiciary's independence.

But federal authorities contend that no one—not even judges—is above the law.

Her arrest has reignited a fiery debate over the Trump administration’s immigration enforcement policies. Critics view the case as political retaliation designed to intimidate state judges. Supporters argue it’s a necessary message: the judiciary must not obstruct immigration laws.

This is not the first time a judge has been accused of similar actions. A Massachusetts judge faced charges in 2018 for allegedly helping an undocumented immigrant escape ICE through a courthouse rear exit. That case, however, was eventually dismissed, raising questions about whether history will repeat itself.

In the meantime, the Wisconsin Supreme Court suspended Judge Dugan pending resolution of the case, citing concerns over public trust and judicial integrity. A reserve judge has since filled her position.

Judge Lynn Adelman, a former Democratic state senator appointed to the federal bench by President Clinton in 1997, will oversee the proceedings. Adelman is expected to rule on the dismissal motion within the coming weeks. Meanwhile, Dugan is expected to enter a not guilty plea at her arraignment on Thursday.

The Department of Justice remains silent on whether plea negotiations are underway or if additional charges are being considered.

What Happens Next

As this case progresses, the central question remains: Can a judge who allegedly aids in the physical escape of a wanted individual truly claim her actions were part of her judicial duties?

For the integrity of the courts, for the rule of law, and for the broader immigration debate, this case may very well become a landmark decision.

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