Filing argues for dismissing Milwaukee judge's case for 'judicial immunity'

Milwaukee County Judge Hannah Dugan should not be prosecuted for her actions related to a defendant in her courtroom set to be arrested by Immigration and Customs Enforcement officers outside the courtroom due to judicial immunity, her lawyers argued in a memorandum supporting her motion to dismiss that was filed Thursday.

“This indictment breaks new ground,” the motion argues. “Dismissing it will not. Since 1788, by its allocation of governmental power horizontally across three very different branches, and vertically among federal government, state governments, and the people themselves, our Constitution has provided the hope and the means to hold power to principled, public account.

“This indictment would change that. But the rule of law itself, here rightly in service of justice, long has barred what the indictment threatens. Judicial immunity forecloses this prosecution.”

Dugan is charged with obstruction of a federal proceeding and concealing an individual to prevent discovery or arrest. The obstruction charge could lead to up to a $100,000 fine and a year in prison while the second concealment charge can lead to up to five years in prison and a $250,000 fine.

Recently released video depicts Dugan speaking with ICE officers in the hallway outside her courtroom and defendant Eduardo Flores-Ruiz walking through a back hallway with a person identified in an affidavit as his attorney before heading to an elevator and then being chased down and arrested on the street outside of the courthouse.

Dugan has a trial date set for July 21 after pleading not guilty.

“As courthouse video shows conclusively, after he finished in her courtroom, E.F.R. emerged into the same public hallway where agents expected him,” the filing argues. “He emerged just a few feet from the back doors of the courtroom. At least two agents saw him walk into that hallway and followed him to the elevator. When and how they then decided to arrest had nothing to do with Judge Dugan.”