Judge Advises Against Dismissing Charges Against Judge Dugan

According to a federal magistrate's suggestion, the case the U.S. Justice Department has against Milwaukee County Circuit Judge Hannah Dugan should proceed, rejecting her attempt to have the indictment dismissed.

The charges involve her alleged assistance to a man in the U.S. illegally, evading federal authorities during a courthouse operation. Dugan faces one misdemeanor charge of concealing a person to prevent arrest, alongside a felony obstruction charge.

Judge Dugan contended that as she was acting within her official judge duties, the charges should be dropped under judicial immunity. She argued that the federal intervention infringes on Wisconsin's independence by meddling with the role of a state-entrusted judge and hindering ongoing procedures.

Her legal team described the federal indictment as both "unprecedented" and "unconstitutional" in their motion to dismiss.

Prosecution's Stand

Federal prosecutors have disagreed, terming Dugan's plea to dismiss as without precedent, ignoring entrenched legal principles permitting the prosecution of judges for criminal conduct.

Their argument suggests that accepting Dugan's dismissal plea would wrongly empower state judges to disrupt valid law enforcement actions within courthouses, potentially extending outside of them.

Magistrate's Report

In her analysis, U.S. Magistrate Judge Nancy Joseph advised against dismissing the charges, noting the non-applicability of judicial immunity in criminal matters.

She clarified that while civil lawsuits for damages provide judges with absolute immunity for judicial acts, this case is criminal, where such protections do not extend.

Joseph's recommendations, however, do not conclusively affect the charge merits, as Dugan remains legally presumed innocent.

The trial, initially slated for July 21 with U.S. District Judge Lynn Adelman, has been postponed.

Judicial Immunity in Question

Referencing a recent Supreme Court ruling shielding President Trump from prosecution on official acts, Dugan argued for similar immunity.

Judge Joseph, however, remains unconvinced that the civil concept of absolute judicial immunity for judicial acts can be applied criminally to protect judges for actions related to their official duties.

She reiterated that no absolute judicial immunity currently bars criminal proceedings against judges for their judicial conduct.

Next Steps in the Case

It falls to Judge Adelman to ultimately decide the indictment's fate, with a meeting slated for Wednesday to address the case's progress and schedule.

Melissa Quinn, a political journalist at CBSNews.com, authored this report. Her work encompasses U.S. political happenings, focusing heavily on both the Supreme and federal courts.