A Wisconsin federal judge has agreed with an earlier magistrate’s decision that Milwaukee County Judge Hannah Dugan should face trial on charges of obstructing federal immigration agents.
U.S. District Judge Lynn Adelman denied a motion to dismiss the charges. The decision supports a preliminary ruling from a magistrate who originally recommended that the dismissal request had no merit. Adelman’s ruling clears the way for Dugan to stand trial, pending a potential appeal of the ruling.
Dugan is charged with assisting an illegal alien migrant avoid arrest at the county courthouse in April. She was charged with obstruction and concealing an individual wanted for arrest.
Her legal team challenged the charges, claiming that because she is a judge, she is immune from being prosecuted for official actions.
Adelman wrote in his ruling that the defense missed the target. “There is no basis for granting immunity simply because some of the allegations in the indictment describe conduct that could be considered part of the judge’s job.”
The judge has set a preliminary hearing date for Sept. 3 and referenced that if his decision is appealed, the case will be on hold pending a ruling from the Chicago-based 7th Circuit Court of Appeals.
Dugan was suspended by the Wisconsin Supreme Court following her arrest on the charges. The court said public confidence in the courts must be protected and decided she should remain suspended for the duration of the criminal case.
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