By Andrew Goudsward
(Reuters) -A Wisconsin judge cannot claim immunity from criminal charges accusing her of helping a migrant evade an immigration arrest outside her courtroom, a federal judge ruled on Tuesday, likely setting the stage for a trial.
Wisconsin-based U.S. District Judge Lynn Adelman rejected claims from Judge Hannah Dugan, an elected judge on the Milwaukee County Circuit Court, that she could not be prosecuted over the incident because she was acting in her official capacity as a judge.
“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,’” Adelman wrote in his ruling.
Dugan could seek to appeal the decision before a trial is held.
Dugan was charged in April with obstruction and concealing an individual wanted for arrest after prosecutors alleged she sought to thwart federal agents planning an immigration arrest of a domestic violence suspect who was due to appear in her courtroom.
Dugan has pleaded not guilty and denied wrongdoing.
The case has drawn significant attention as President Donald Trump’s administration ramps up its efforts to carry out immigration arrests at courthouses and escalates confrontations with federal judges over rulings blocking parts of Trump’s agenda.
Judges are generally immune from civil lawsuits connected to their formal responsibilities, but Adelman found that immunity does not extend to criminal cases. He also rejected Dugan’s argument that the case infringed on state authority guaranteed under the U.S. Constitution.
The indictment alleges that Dugan sought to divert federal agents away from her courtroom and escorted the migrant, identified as Eduardo Flores-Ruiz, through a non-public exit after learning that law enforcement was positioned in the hallway.
Flores-Ruiz passed through a public hallway and was arrested outside the courthouse after a foot chase, according to court documents.
(Reporting by Andrew Goudsward; Editing by Andrea Ricci)
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