Milwaukee judge arrested for helping illegal immigrant escape ICE loses fight to dismiss charges

On Tuesday, US District Judge Lynn Adelman rejected her argument, upholding a magistrate judge’s recommendation from July that allowed the case to continue. While Dugan has argued that judges are immune from prosecution with limited exceptions, the government has pointed out that the exceptions are merely examples of the type of prosecutions that have been brought forward, per the Associated Press.

Adelman ruled that while judges have some immunity from prosecution, it does not extend to criminal charges. “A review of the relevant history reveals the government has the better of the argument,” Adelman wrote. He added that “the particulars of this case may be unusual,” but “there is no firmly established judicial immunity barring criminal prosecution of judges for judicial acts. There is no basis for granting immunity simply because some of the allegations in the indictment describe conduct that could be considered ‘part of a judge’s job.’”

Dugan’s attorneys said they were disappointed with the ruling but remain confident. “We look forward to the trial which will show Judge Dugan did nothing wrong and simply treated this case like any other in front of her courtroom,” they said.

Dugan has pleaded not guilty to charges of concealing an individual to prevent arrest and obstruction. She allegedly escorted 31-year-old illegal immigrant Eduardo Flores-Ruiz and his lawyer out of her courtroom through a back door after learning that Immigration and Customs Enforcement agents were in the courthouse to detain him. Flores-Ruiz was later arrested outside following a foot chase.

If convicted, Dugan faces up to six years in prison and a $350,000 fine.