Overview
- U.S. District Judge Lynn Adelman adopted a magistrate’s recommendation and denied Dugan’s motion to dismiss, allowing the prosecution to move forward.
- Dugan faces two federal counts—concealing a person from arrest under 18 U.S.C. §1071 and obstructing DHS removal proceedings under 18 U.S.C. §1505—with a maximum of six years in prison and $350,000 in fines if convicted.
- Prosecutors allege she misdirected ICE agents and allowed defendant Eduardo Flores-Ruiz to exit via a nonpublic door at the Milwaukee County Courthouse; he was arrested outside shortly afterward, and Dugan has pleaded not guilty.
- Adelman rejected arguments that judicial duties confer criminal immunity and declined federalism and Tenth Amendment challenges at this stage, with potential appeal available to the 7th Circuit.
- A hearing on Sept. 3 will address case scheduling; Dugan remains suspended from the bench under a Wisconsin Supreme Court order, and Flores-Ruiz later pleaded guilty to illegal reentry and agreed to deportation.