A bipartisan group of more than 130 retired judges filed a brief Friday urging a federal court to drop charges against Wisconsin judge Hannah Dugan, saying her arrest undermines “centuries of precedent on judicial immunity.”
Dugan, a Milwaukee County circuit court judge, was arrested April 25 by FBI agents on federal allegations she prevented the arrest of a man by immigration authorities during a federal law enforcement operation at her courthouse. The man, Eduardo Flores-Ruiz, was arrested and detained at an immigration detention center.
In an amicus brief filed Friday, the group of judges argue that Dugan shouldn’t be prosecuted because “she is entitled to absolute immunity for her official acts.”
“This bar on prosecution is the same absolute immunity that is given to members of the legislative and executive branches for their actions taken in an official capacity,” the brief read.
The group of 138 former state and federal judges called the prosecution of Dugan, who was indicted by a grand jury earlier this month on one count each of concealing an individual to prevent arrest and obstruction, an “egregious overreach by the executive branch” that “threatens public trust in the judicial system and the ability of the public to avail themselves of courthouses without fear of reprisal.”
“Allowing prosecution of Judge Dugan for the alleged actions would create a chilling effect on judges that would stifle independent decision-making and cast doubt on the universal recognition that judges are in charge of maintaining order and decorum in their courtrooms and courthouses,” the group of judges wrote.
They also argued that prosecuting Dugan “threatens to undermine centuries of precedent on judicial immunity, crucial for an effective judiciary.”
Dugan, who was released from custody following her arrest, pleaded not guilty earlier this month. A federal judge set her trial to begin the week of July 21.
Dugan has served as a judge in Milwaukee County Circuit Court since 2016, after she was elected with about 65% of the vote. She was reelected in 2022 after running unopposed.
Scott MacFarlane and
Jacob Rosen
contributed to this report.
