Latest news with #judicialimmunity
Yahoo
2 days ago
- General
- Yahoo
More than 130 former judges blast Judge Hannah Dugan's indictment as ‘egregious overreach'
Over 130 former state and federal judges are urging the government to drop its charges against Milwaukee County Circuit Court Judge Hannah Dugan, dubbing her indictment an 'egregious overreach' by the executive branch. The Wisconsin judge was indicted in April after being accused of helping an undocumented migrant flee arrest at her courthouse last month. She faces federal charges of obstructing or impeding a proceeding and concealing an individual to prevent his discovery and arrest — charges that carry a maximum penalty of six years in prison and a $350,000 fine. She has pleaded not guilty. A group of 138 former judges filed an amicus brief in the case Friday, urging the government to dismiss the charges and warning that Dugan's indictment 'threatens to undermine centuries of precedent on judicial immunity, crucial for an effective judiciary.' The case 'represents an extraordinary and direct assault on the independence of the entire judicial system,' the former judges wrote. 'Permitting the prosecution of a state circuit court judge for conduct falling squarely within her rightful exercise of judicial discretion establishes a dangerous precedent that will chill judicial decision-making at every level.' The group argued that 'as a judge, she is entitled to absolute immunity for her official acts; this bar on prosecution is the same absolute immunity that is given to members of the legislative and executive branches for their actions taken in an official capacity.' Dugan's lawyers argued similarly when they filed a motion to dismiss the case this month. Her attorneys cited Trump v. United States, the Supreme Court ruling that determined presidents were immune from criminal prosecution for official acts. 'Judges are entitled to absolute immunity for their judicial acts, without regard to the motive with which those acts are allegedly performed,' her lawyers argued. Judges can make mistakes, the group acknowledged, but those mistakes are redressed in the judicial branch. 'When judges are alleged to have gotten something wrong or have abused authority dedicated exclusively to the judiciary, it falls exclusively to the judiciary, not prosecutors, to investigate the purported mistake through the appellate process or judicial misconduct proceedings,' they wrote. The 138 retired judges also blasted the indictment as an 'egregious overreach by the executive branch threatens public trust in the judicial system and the ability of the public to avail themselves of courthouses without fear of reprisal.' After her initial appearance in court on April 25, she was released from detention. However, the state's supreme court suspended her from the bench days later. 'It is in the public interest that she be temporarily relieved of her official duties,' the state supreme court wrote in an April 29 order. Friday's amicus brief came weeks after 150 former judges wrote a letter to Attorney General Pam Bondi following Dugan's arrest. They slammed Bondi for calling judges 'deranged' on April 25, the day of Dugan's arrest. That same day, FBI Director Kash Patel posted a photo of the judge in handcuffs on his official social media account, writing: 'No one is above the law.' The Trump administration has repeatedly attacked judges, with the president himself even calling for one to be impeached in a social media post. The post prompted Chief Justice John Roberts to issue a rare statement: "For more than two centuries it has been established that impeachment is not an appropriate response to disagreements concerning a judicial decision. The normal appellate review process exists for that purpose."
The Independent
2 days ago
- General
- The Independent
More than 130 former judges blast Judge Hannah Dugan's indictment as ‘egregious overreach'
Over 130 former state and federal judges are urging the government to drop its charges against Milwaukee County Circuit Court Judge Hannah Dugan, dubbing her indictment an 'egregious overreach' by the executive branch. The Wisconsin judge was indicted in April after being accused of helping an undocumented migrant flee arrest at her courthouse last month. She faces federal charges of obstructing or impeding a proceeding and concealing an individual to prevent his discovery and arrest — charges that carry a maximum penalty of six years in prison and a $350,000 fine. She has pleaded not guilty. A group of 138 former judges filed an amicus brief in the case Friday, urging the government to dismiss the charges and warning that Dugan's indictment 'threatens to undermine centuries of precedent on judicial immunity, crucial for an effective judiciary.' The case 'represents an extraordinary and direct assault on the independence of the entire judicial system,' the former judges wrote. 'Permitting the prosecution of a state circuit court judge for conduct falling squarely within her rightful exercise of judicial discretion establishes a dangerous precedent that will chill judicial decision-making at every level.' The group argued that 'as a judge, she is entitled to absolute immunity for her official acts; this bar on prosecution is the same absolute immunity that is given to members of the legislative and executive branches for their actions taken in an official capacity.' Dugan's lawyers argued similarly when they filed a motion to dismiss the case this month. Her attorneys cited Trump v. United States, the Supreme Court ruling that determined presidents were immune from criminal prosecution for official acts. 'Judges are entitled to absolute immunity for their judicial acts, without regard to the motive with which those acts are allegedly performed,' her lawyers argued. Judges can make mistakes, the group acknowledged, but those mistakes are redressed in the judicial branch. 'When judges are alleged to have gotten something wrong or have abused authority dedicated exclusively to the judiciary, it falls exclusively to the judiciary, not prosecutors, to investigate the purported mistake through the appellate process or judicial misconduct proceedings,' they wrote. The 138 retired judges also blasted the indictment as an 'egregious overreach by the executive branch threatens public trust in the judicial system and the ability of the public to avail themselves of courthouses without fear of reprisal.' After her initial appearance in court on April 25, she was released from detention. However, the state's supreme court suspended her from the bench days later. 'It is in the public interest that she be temporarily relieved of her official duties,' the state supreme court wrote in an April 29 order. Friday's amicus brief came weeks after 150 former judges wrote a letter to Attorney General Pam Bondi following Dugan's arrest. They slammed Bondi for calling judges 'deranged' on April 25, the day of Dugan's arrest. That same day, FBI Director Kash Patel posted a photo of the judge in handcuffs on his official social media account, writing: 'No one is above the law.' The Trump administration has repeatedly attacked judges, with the president himself even calling for one to be impeached in a social media post. The post prompted Chief Justice John Roberts to issue a rare statement: "For more than two centuries it has been established that impeachment is not an appropriate response to disagreements concerning a judicial decision. The normal appellate review process exists for that purpose."
Daily Mail
3 days ago
- General
- Daily Mail
Wisconsin judge who shielded illegal migrant from ICE shares latest defense: 'I am absolutely immune'
A Wisconsin judge indicted for allegedly helping an undocumented immigrant evade ICE is now claiming 'absolute judicial immunity' in a broader legal effort to dismiss all charges. Hannah Dugan, 66, a Milwaukee County Circuit Court judge, was arrested by FBI agents on April 25 for allegedly preventing Immigration and Customs Enforcement (ICE) agents from detaining a man in her courtroom. The man, 31-year-old Eduardo Flores-Ruiz, was reportedly subject to a federal detainer at the time. Federal prosecutors allege Dugan directed ICE officers to the chief judge's office while allowing Flores-Ruiz and his attorney to exit through a door typically used by jurors. The long-time judge was later indicted on May 13 on charges of obstructing a federal agency and aiding Flores-Ruiz's escape. However, in a 37-page memorandum filed May 14, her attorneys argued the indictment is an 'ugly innovation' that threatens long-standing legal precedent. They claim Dugan is protected by 'absolute judicial immunity' for actions taken as part of her official duties, even if those actions are later contested. 'Judges can be and are charged for actions wholly unrelated to their role, like taking bribes or kidnapping,' the memo notes, adding that Dugan's conduct occurred squarely within her judicial capacity. Her high-powered legal team, including attorney Dean Strang, warned the case could set a 'dangerous precedent,' undermining judicial independence. 'This is an extraordinary prosecution that poses a threat to federalism and judicial independence,' the filing states. 'Dismissal here flows from a straightforward application of long-settled law. The indictment itself is an ugly innovation. Its dismissal will not be.' The filing continues: 'Nothing in the Constitution allows the federal government to superintend the administration and case-by-case, daily functioning of state courts as this indictment proposes.' This latest motion expands on an earlier filing with more detailed arguments about federal overreach and the constitutional role of judges. Dugan's attorneys maintain she acted within her jurisdiction and broke no laws in declining to facilitate the detention. The US Department of Justice, however, characterizes the incident as obstruction of federal law, triggering a contentious legal and political debate. An amicus brief filed on Friday by 138 former state and federal judges supports Dugan, arguing she is entitled to 'absolute immunity for her official acts.' The brief compares this protection to that granted to members of the legislative and executive branches. It calls the prosecution an 'egregious overreach by the executive branch' that 'threatens public trust in the judicial system and the ability of the public to avail themselves of courthouses without fear of reprisal.' But, the Justice Department maintains that no one - including judges - is above the law when it comes to obstructing federal immigration operations. 'Since President Trump was inaugurated, activist judges have tried to obstruct President Trump and the American people's mandate to make America safe and secure our homeland - but this judge's actions to shield an accused violent criminal illegal alien from justice is shocking and shameful,' Assistant Secretary Department of Homeland Security Tricia McLaughlin said in a statement. Dugan, who was released after her arrest, pleaded not guilty earlier this month. Her trial is set to begin the week of July 21. If found guilty of both charges, she could face up to six years in prison and $350,000 in fines. She has served as a Milwaukee County Circuit Court judge since 2016, winning election with about 65 percent of the vote and running unopposed for reelection in 2022, according to CBS News. As for Flores-Ruiz, he had appeared in Dugan's court on April 18 for a status conference in a misdemeanor battery case, according to the Milwaukee Journal Sentinel. He is accused of repeatedly hitting and briefly strangling his roommate, and also striking two women who tried to intervene. Flores-Ruiz has pleaded not guilty to three battery charges and to a separate federal charge of illegally re-entering the US after being deported to Mexico 12 years ago. Six federal agents were present at the courthouse on April 18 to arrest him. He was ultimately taken into custody after a short chase outside the courthouse.
CBS News
3 days ago
- General
- CBS News
More than 130 retired judges urge federal court to drop charges against Wisconsin Judge Hannah Dugan
A bipartisan group of more than 130 retired judges filed a brief Friday urging a federal court to drop charges against Wisconsin judge Hannah Dugan, saying her arrest undermines "centuries of precedent on judicial immunity." Dugan, a Milwaukee County circuit court judge, was arrested April 25 by FBI agents on federal allegations she prevented the arrest of a man by immigration authorities during a federal law enforcement operation at her courthouse. The man, Eduardo Flores-Ruiz, was arrested and detained at an immigration detention center. In an amicus brief filed Friday, the group of judges argue that Dugan shouldn't be prosecuted because "she is entitled to absolute immunity for her official acts." "This bar on prosecution is the same absolute immunity that is given to members of the legislative and executive branches for their actions taken in an official capacity," the brief read. The group of 138 former state and federal judges called the prosecution of Dugan, who was indicted by a grand jury earlier this month on one count each of concealing an individual to prevent arrest and obstruction, an "egregious overreach by the executive branch" that "threatens public trust in the judicial system and the ability of the public to avail themselves of courthouses without fear of reprisal." "Allowing prosecution of Judge Dugan for the alleged actions would create a chilling effect on judges that would stifle independent decision-making and cast doubt on the universal recognition that judges are in charge of maintaining order and decorum in their courtrooms and courthouses," the group of judges wrote. They also argued that prosecuting Dugan "threatens to undermine centuries of precedent on judicial immunity, crucial for an effective judiciary." Dugan, who was released from custody following her arrest, pleaded not guilty earlier this month. A federal judge set her trial to begin the week of July 21. Dugan has served as a judge in Milwaukee County Circuit Court since 2016, after she was elected with about 65% of the vote. She was reelected in 2022 after running unopposed. and contributed to this report.
Daily Mail
15-05-2025
- Politics
- Daily Mail
Outrageous defense claim of Wisconsin judge caught 'harboring illegal migrant' in courthouse
The Wisconsin judge accused of helping an illegal migrant evade ICE authorities has claimed she is immune from prosecution. Hannah Dugan, an elected judge on the Milwaukee County Circuit Court, was indicted by a federal grand jury on Tuesday. The indictment accused Dugan of 'knowingly' concealing an undocumented migrant, Eduardo Flores-Ruiz, so he wouldn't be discovered and arrested by officers with Immigration and Customs Enforcement. Dugan allegedly helped Flores-Ruiz evade arrest when he appeared in her courtroom on April 18 for a pretrial hearing in a domestic abuse case. She is set to appear in court on Thursday and enter a plea on charges accusing her of obstruction and concealing an individual wanted for arrest. On Wednesday, her lawyers asked for the indictment to be tossed out, arguing that as a judge she is immune from prosecution over official actions and that the case intrudes on state authority. 'The government's prosecution of Judge Dugan is virtually unprecedented and entirely unconstitutional,' her lawyers wrote in a court filing. The Wisconsin Supreme Court suspended Dugan last week, claiming it was in the public interest to relieve her of her duties as she faces the federal charges. The order noted that the court was acting on its own initiative and was not responding to a request from anyone. Liberal justices control the court 4-3. 'It is ordered... that Milwaukee County Circuit Judge Hannah C. Dugan is temporarily prohibited from exercising the powers of a circuit court judge in the state of Wisconsin, effective the date of this order and until further order of the court,' the justices wrote. Dugan's legal team said it was disappointed 'that the Court acted in unilateral fashion. We continue to assert Judge Dugan's innocence and look forward to her vindication in court.' Flores-Ruiz was accused of punching someone 30 times in the face after they complained he was playing loud music. He was charged with three counts of misdemeanor battery for allegedly assaulting three people on March 12. Flores-Ruiz is a migrant from Mexico. ICE and the Department of Homeland Security said he was deported in 2013 and never sought legal permission to return. ICE agents in Milwaukee were then alerted to Flores-Ruiz's hearing on April 18, and agents showed up at the courthouse to arrest him. Six ICE agents described as wearing 'generally plain clothes' arrived at the courthouse and presented their identifications to a security guard, according to a criminal complaint. Dugan was then allegedly notified of the agents and 'became visibly angry,' calling their presence 'absurd,' and left the bench. 'Witnesses uniformly reported that Judge Dugan was visibly upset and had a confrontational, angry demeanor,' the criminal complaint stated. Dugan then allegedly asked the officers to leave and informed them they needed a judicial warrant to arrest Flores-Ruiz. The Wisconsin judge was then accused of directing the agents to the chief judge and helped Flores-Ruiz and his attorney leave through a 'jury door.' The affidavit stated Dugan told the migrant and his attorney, 'wait come with me' before they left the courthouse, directing them to a back jury door. The courtroom deputy told investigators that the door is only used for deputies, juries, court staff, and defendants already in custody. They added that defense attorneys and defendants who weren't in custody 'never' used that door. Dugan allegedly adjourned the case without the state attorney's knowledge, according to the criminal complaint. Flores-Ruiz and his attorney allegedly took an elevator and left the courthouse before ICE agents followed them. ICE agents saw him outside the courthouse, and he ran away when they approached him. Flores-Ruiz was apprehended by ICE agents, and Dugan was arrested and charged with obstructing a proceeding of a federal agency and concealing an individual to prevent arrest.
