Wisconsin judge pleads not guilty to helping immigrant evade US immigration officers

Wisconsin judge pleads not guilty to helping immigrant evade US immigration officers

Defense claims judicial immunity, constitutional violations in motion to dismiss charges

​​​​​​​By Yasin Gungor

ISTANBUL (AA) - Milwaukee County Circuit Court Judge Hannah Dugan pleaded not guilty Thursday to federal charges of helping an undocumented immigrant evade immigration agents in her courtroom in the US state of Wisconsin.

Prosecutors claim that during a court session in April, Dugan told Immigration and Customs Enforcement (ICE) officers they needed a warrant to enter her courtroom, then guided Eduardo Flores-Ruiz and his lawyer through a private exit.

Dugan's defense team filed papers seeking to dismiss the case, arguing that judges cannot be prosecuted for official actions taken in their courtrooms.

The attorneys emphasized that it is not an "ordinary criminal case, and Dugan is no ordinary criminal defendant."

"Even if Judge Dugan took the actions the complaint alleges, these plainly were judicial acts for which she has absolute immunity from criminal prosecution," her lawyers wrote.

The defense also claimed the prosecution is "virtually unprecedented and entirely unconstitutional."

"The government's prosecution here reaches directly into a state courthouse, disrupting active proceedings, and interferes with the official duties of an elected judge," said the filing, accusing the federal government of violating Wisconsin's sovereignty.​​​​​​​

Prosecutors charged Dugan last month with concealing an individual to prevent arrest and obstruction. They said Dugan escorted Flores-Ruiz and his attorney out of her courtroom through a back jury door on April 18 after ICE agents were in the courthouse to arrest him.

Federal agents ultimately captured Flores-Ruiz outside the courthouse after a foot chase, and Dugan was subsequently arrested for her role in his escape.

According to court documents, Flores-Ruiz illegally re-entered the US after being deported in 2013. He was charged with three counts of misdemeanor domestic abuse in Milwaukee County in March and was in Dugan's courtroom April 18 for a hearing.

The Wisconsin Supreme Court suspended Dugan in late April and said the move was necessary to preserve public confidence in the judiciary.


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