On Tuesday, July 8, 2025, ABC News reported that a federal magistrate judge in Wisconsin recommended that the criminal case against Milwaukee County Circuit Court Judge Hannah Dugan proceed. Dugan, aged 65, faces charges related to allegedly assisting an undocumented individual in evading arrest by immigration authorities.
In April, federal prosecutors charged Dugan with a two-count indictment, accusing her of knowingly concealing a person from immigration officials and obstructing Department of Homeland Security proceedings.
The incident occurred on April 18, when federal agents arrived at Milwaukee County Circuit Court to apprehend an undocumented man appearing before Dugan on a battery charge. Prosecutors allege that after speaking with the agents, Dugan directed them to the chief judge’s office and then instructed the man and his attorney to exit through a non-public door, purportedly to help him avoid arrest for immigration violations. The individual was later apprehended.
Dugan’s legal team, citing the U.S. Supreme Court’s ruling on presidential immunity, argued that she is protected by judicial immunity for actions taken in her official capacity and that her prosecution is unconstitutional. However, U.S. Magistrate Judge Nancy Joseph, in a 37-page report issued late Monday, recommended denying Dugan’s motion to dismiss the case.
Joseph stated that while judges have absolute immunity from civil lawsuits for judicial acts, this protection does not extend to criminal cases. She emphasized that the allegations against Dugan involve actions performed “corruptly” or to facilitate a crime, which removes the shield of immunity.
Joseph also rejected Dugan’s claim that her prosecution violates the 10th Amendment’s separation of powers. The magistrate clarified that her recommendation does not address the merits of the case or disputed facts, stressing that Dugan remains presumed innocent until proven guilty beyond a reasonable doubt at trial.
The recommendation will now go to U.S. District Judge Lynn Adelman for a final decision. The parties have 14 days to file objections to Joseph’s report.
Steven Biskupic, one of Dugan’s attorneys, expressed disappointment with the non-binding recommendation and vowed to appeal, describing the case as part of a broader effort to protect judicial independence.
Dugan has pleaded not guilty to the charges. Initially scheduled for trial on July 21, the case has been postponed pending resolution of the immunity issue, with no new trial date set.
Following her arrest, the Wisconsin Supreme Court suspended Dugan, citing the public interest in temporarily relieving her of judicial duties.
Source: ABC News
