MILWAUKEE — A Milwaukee County Circuit Judge facing federal charges received a setback this week when a magistrate recommended her case not be dismissed, but supporters rallied outside the courthouse in her defense.
READ ALSO: Protesters rally as Milwaukee County Circuit Judge Hannah Dugan's case continues in federal court
Federal Magistrate Judge Nancy Joseph recommended that the case against Judge Hannah Dugan move forward, rejecting arguments that judicial immunity should protect her from prosecution.
"We must stand with Judge Dugan because her fight is our fight," said Christina Neumann-Ortiz of Voces de la Frontera.
Several dozen supporters, including local faith leaders, gathered with signs and chants outside the federal courthouse, expressing concerns about what they view as an injustice in Dugan's case and growing alarm over arrests by Immigration and Customs Enforcement (ICE) agents.
Watch: Judge Dugan's federal trial on hold as both sides await a key decision on defense motion to dismiss
"We offer our prayers for fairness and truth to prevail," said Parry Singh from the Sikh Community.
Dugan was arrested in April and later federally charged with allegedly attempting to help an undocumented immigrant in her Milwaukee courtroom evade arrest by ICE agents. Eduardo Flores Ruiz was subsequently taken into custody outside the courthouse.
Her defense team sought dismissal based on judicial immunity claims.
"What is unusual about this prosecution is the prosecution itself, that the government is interfering with the judiciary. The judiciary is the check and the balance on the executive branch," said Nicole Masnica of Dugan's defense team.
Prosecutors argued against dismissal in court documents, stating: "As alleged in the indictment, she went well beyond her official role when she endeavored to prevent federal law enforcement officers from executing a valid arrest." They suggested dropping the case would send the wrong message, essentially saying that judges are "above the law."
In her recommendation against dismissal, Magistrate Nancy Joseph wrote that Dugan "contends that only three exceptions have been made in which judges can be criminally prosecuted, none of which applies to her case." Joseph added, "judges have absolute immunity from civil lawsuits for monetary damages when engaging in judicial acts. This, however, is not a civil case."
While recommending the case proceed, Joseph emphasized: "Dugan is presumed innocent, and innocent she remains, unless and until the government proves the allegations against her beyond a reasonable doubt to a jury at trial."
Dugan was not required to attend Wednesday's court appearance as lawyers from both sides updated the status of the case. The trial, originally scheduled for this month, has been postponed.
"She's been strong and tough and remains steadfast in her interest in really setting forth what the real facts are in this case," Masnica said.
The final decision on the motion to dismiss rests with Judge Lynn Adelman, likely coming in August.
For now, Judge Dugan remains suspended from her judicial responsibilities with pay.
This story was reported on-air by Charles Benson and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
