A group of over 130 retired judges is taking the legal spotlight, urging a federal court to drop proceedings against Wisconsin judge Hannah Dugan. The nonpartisan coalition claims that her arrest is a clear violation of long-standing notions of judicial immunity.
The FBI detained Dugan, a Milwaukee County Circuit Court judge, on April 25. During an operation at her courthouse, federal investigators allege that she interfered with the arrest of Eduardo Flores-Ruiz, who is wanted by immigration agents.
In a powerful amicus brief filed Friday, 138 former state and federal judges stated that Dugan’s actions fall under her official duties and are therefore protected by absolute judicial immunity.
They argue that, just like lawmakers and executive officials, judges must be shielded from prosecution for decisions made in their official capacity. “This is not just about one judge,” the brief reads. “It’s about protecting the independence of the judiciary as a whole.”
The justices characterized Dugan’s indictment, which charged her with sheltering an individual to prevent arrest and obstruction, a “egregious overreach by the executive branch.”
They argue that this action could damage public trust in the legal system and prevent citizens from seeking justice in court for fear of political or legal repercussions.
Judge Dugan pleaded not guilty earlier this month following her release from custody. A trial date has been set for the week of July 21.
She was first elected to the bench in 2016 with approximately 65% of the vote and was re-elected unopposed in 2022. Her supporters describe her as a fair and principled jurist with a strong record of public service.
The amicus brief warns that prosecuting Dugan could set a dangerous precedent. “It would create a chilling effect on judicial independence,” the brief states, suggesting judges may hesitate to make courtroom decisions freely.
Judge Dugan pleaded not guilty earlier this month following her release from custody. A trial date has been set for the week of July 21.
She was first elected to the bench in 2016 with approximately 65% of the vote and was re-elected unopposed in 2022. Her supporters describe her as a fair and principled jurist with a strong record of public service.
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