Washington – A federal magistrate judge said on Monday that the Criminal case of the Department of Justice should proceed against the Milwuki County Circuit Judge Hannah Dugan and recommended that his bid be denied to dismiss the prosecution.
Was sad Arrested in April And with two federal matters, it was alleged that he was accused of helping a person who illegally survived the federal immigration officials during a law enforcement campaign in his courtyard in Milwauki in the US. He pleaded not guilty A count of a person hiding a person to prevent arrest, a rape, and a count of obstruction, a hooliganism.
Dugan has argued that the case against him should be dismissed on the basis that she was working as a judge of the State Court under the purview of her official duties and hence it deserves judicial immunity. He also said that the federal prosecution violates the sovereignty of Visconsin by interfering with the duties of an elected state judge and disrupting active action.
One in Admission Demanding to dismiss the prosecution, Dugan’s lawyers called the government’s prosecution “almost unprecedented and completely unconstitutional”.
But federal prosecutors said Fee should not be abandoned And urged a federal judge to deny Dugan’s bid to dismiss the case. He said that Dugan’s request for a dismissal is “unprecedented” and “would ignore a well -established law, which has long allowed judges to prosecute crimes that they do.”
He wrote in a filing last month, “This type of decision to intervene in the law enforcement action by the federal agents in the public hallway of a courtyard and perhaps even further,” he said. “Dugan’s desired decision, briefly, states that the judges are ‘above the law,” and specificly deserved to interfere with federal law enforcement. “
In a report filed on Monday, American Magistrate Judge Nancy Joseph recommended that Dugan’s effort to dismiss the allegations should be rejected.
He said, “It is well established and undisputed that judges have complete immunity to civil cases for monetary damage when engaged in judicial acts,” they have written in a 37-page filing. “This, however, is not a citizen case. And the case law review does not show the expansion of this established principle for criminal reference.”
Joseph insisted that his recommendations, who are non-comprehensive, do not talk to the qualities of the allegations against Dugan, which is believed to be innocent until he is guilty. A jury test was scheduled to begin on July 21 before the US District Judge Lin Edelman, but was delayed.
Arguing that he should be preserved by federal prosecution, Dugan quoted 2024 ruling Supreme Court President Trump and in a case related to the 2020 presidential election. The High Court found that while in the President’s office, there is immunity from the prosecution for official acts.
But Joseph wrote that he is “unrelated” that the Supreme Court’s decision in the case of General Law or Sri Trump “gives the right to implement the civil structure of full judicial immunity to judicial acts for judicial acts that prosecution of judges for crimes related to official duties.”
The Magistrate Judge concluded that judicial immunity does not shield the prosecution to the prosecution for allegedly violating criminal laws while following its official judicial duties.
Joseph said, “There is no strongly established absolute judicial immunity except criminal prosecution of judges for judicial acts.”
Edelman will have the last word whether to provide Dugan’s request to dismiss the prosecution. Federal prosecutors and Dugan’s lawyers are scheduled to appear before the judge on Wednesday to discuss the status of the case and address additional scheduling cases.
