MILWAUKEE — Attorneys for Milwaukee County Judge Hannah Dugan filed a motion to dismiss the criminal case against her Wednesday morning, citing judicial immunity for her official acts.
"Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution," her legal team wrote in a 15-page filing.
Related: Milwaukee County Judge Hannah Dugan indicted in federal court
It is not unusual for defense attorneys to file a motion to dismiss a case before it begins.
Federal prosecutors charged Milwaukee County Circuit Judge Hannah Dugan via complaint in April with concealing an individual to prevent arrest and obstruction.
A grand jury affirmed the charges in an indictment after convening Tuesday to determine whether there was enough probable cause to continue the case.
FBI agents arrested Dugan at the Milwaukee County Courthouse a week after authorities said she directed Eduardo Flores-Ruiz out a back door in her courtroom after learning immigration agents were in the courthouse searching for him.
According to court documents, Flores-Ruiz illegally reentered the U.S. after being deported in 2013.
