Federal prosecutors have urged a court to reject Wisconsin Judge Hannah Dugan’s attempt to dismiss obstruction charges against her, arguing judicial immunity does not protect her from prosecution. Dugan, a Milwaukee County Circuit Court judge, was arrested by the FBI on April 25 and charged with sheltering a defendant, Eduardo Flores-Ruiz, to help him avoid arrest by immigration authorities. According to court filings, prosecutors contend that Dugan’s claim of immunity “violates well-established law” that allows judges to be charged for criminal acts. The government also disputes Dugan’s claim that federal agents disrupted court proceedings on April 18 when they came to arrest Flores-Ruiz, alleging instead that Dugan interfered with federal officers performing their duties.
The filing details how Dugan paused an unrelated case, left her courtroom, disrupted another courtroom’s proceedings, and confronted federal agents in a public hallway. Prosecutors say she directed the defendant’s attorney to escort Flores-Ruiz through a non-public hallway leading to a courthouse exit, actions taken just days after acknowledging that ICE could lawfully arrest in courthouse hallways. Video surveillance obtained by ABC News shows Flores-Ruiz and his attorney did not use the stairwell as alleged but exited through a private door and were later arrested outside after a brief foot chase. Prosecutors argue that even if judicial immunity applied, it would not protect Dugan, as her actions went beyond her official duties. Dugan has pleaded not guilty, and her trial is scheduled for July 21. The Wisconsin Supreme Court has temporarily suspended her from judicial duties pending trial.