(The Center Square) – Milwaukee Judge Hannah Dugan’s case is moving forward, for now.
A federal magistrate judge said the case should not be dismissed and instead said her lawyers should pitch their immunity defense at trial.
Judge Magistrate Judge Nancy Joseph delivered a 37-page report that argued against dismissing the case.
“Dugan disputes the government’s version of events, and the government will have the burden of proving its allegations beyond a reasonable doubt at trial,” Joseph wrote. “However, these contested facts cannot be resolved at this juncture.”
Dugan, who was arrested in May after federal prosecutors say she helped an illegal Mexican immigrant sneak out of her courtroom to avoid ICE agents, is planning to say she cannot be prosecuted because of judicial immunity.
Wisconsin Institute for Law and Liberty Vice President Dan Lennington called the magistrate judge’s reading of the case “smart” and said it’s a big blow to Dugan’s defense.
“Magistrate Judge Nancy Joseph notes the unavoidable fact: there is simply no judicial immunity doctrine that has been extended to criminal acts,” Lennington said on X.
Her lawyers said the report is not the final ruling in the case.
“We are disappointed in the magistrate judge’s non-binding recommendation, and we will appeal it,” attorney Steven Biskupic 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.”
The report will now go to the judge who is hearing the case, Judge Lynn Adleman, who will make the ultimate decision about dismissal.
Last month Adleman delayed Dugan’s trial, but he has not yet set a new date.
Dugan has pleaded not guilty to the two federal charges she is facing. She could spend up to six years in prison if convicted.
