Protesters gather outside of the Milwaukee FBI office to speak out against the arrest of Milwaukee Circuit Court Judge Hannah Dugan (Photo by Isiah Holmes/Wisconsin Examiner)

A federal magistrate judge recommended on Monday that the criminal case against Milwaukee County Judge Hannah Dugan proceed. Dugan has been indicted on charges that she helped an immigrant without legal status who came to her courtroom for a hearing on a misdemeanor charge evade federal immigration authorities. 

Dugan was arrested in April and indicted in May. She’s pleaded not guilty to charges of concealing an individual to prevent arrest and obstruction. 

The case has become an example of the Trump administration’s effort to punish judicial interference with its escalation of immigration enforcement. In April, 31-year-old Eduardo Flores-Ruiz was in Dugan’s courtroom when federal agents from Immigration and Customs Enforcement, the Drug Enforcement Agency and FBI arrived at the Milwaukee County Courthouse to arrest him. 

Prosecutors say Dugan helped Flores-Ruiz out a side doorway to avoid arrest but the doorway Dugan led Flores-Ruiz and his attorney use led to the same hallway in which the agents were waiting and one took the elevator down with them. Flores-Ruiz was arrested on the street outside. 

In May, Dugan had filed a motion to dismiss the charges against her, arguing she is immune from prosecution because she was acting in her official capacity as a judge and that the arrest violated Wisconsin’s sovereignty as a state by disrupting a state court hearing and prosecuting a state judge. 

On Monday, U.S. Magistrate Judge Nancy Joseph recommended that the motion to dismiss be denied. The final decision on dismissal is up to U.S. District Judge Lynn Adelman, who does not need to follow Joseph’s recommendation. 

“We are disappointed in the magistrate judge’s non-binding recommendation, and we will appeal it,” Dugan attorney Steven Biskupic, a former federal prosecutor, said in a statement. “This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts.”

In her recommendation, Joseph wrote that judicial immunity applies when a judge is being sued for civil damages, not criminal charges. 

“A judge’s actions, even when done in her official capacity, does not bar criminal prosecution if the actions were done in violation of the criminal law,” she wrote.