Case against Milwaukee judge accused of concealing illegal migrant should continue

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The case against a Milwaukee County judge accused of shielding an illegal migrant from deportation officers will proceed, a federal magistrate judge recommended on Monday.

Judge Hannah Dugan is accused of knowingly helping the migrant exit a courtroom through a back door, which was not accessible to the public, in order for him to evade ICE authorities and telling the officers in her court that they needed a warrant to make the arrest.

Dugan had filed a motion in May to dismiss the charges against her, saying she was acting in her official capacity as a judge and therefore is immune to prosecution. She argued that the federal government violated Wisconsin’s sovereignty by disrupting a state courtroom and prosecuting a state judge.

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U.S. Magistrate Judge Nancy Joseph on Monday recommended against dropping the charges. The ultimate decision is up to U.S. District Judge Lynn Adelman, who can accept the other judge’s recommendation or reject it.

"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," Joseph wrote.

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