Overview

• Magistrate Judge Nancy Joseph recommended denying Dugan’s motion to dismiss on grounds of judicial immunity and state sovereignty, allowing the case to proceed.
• Dugan, suspended by the Wisconsin Supreme Court, was indicted on charges of concealing a person to prevent arrest and obstruction for allegedly helping an undocumented defendant evade ICE in her Milwaukee courtroom.
• Joseph ruled that absolute judicial immunity applies only to civil lawsuits and does not bar criminal prosecution, rejecting Dugan’s claim that her official judicial acts shielded her from criminal charges.
• U.S. District Judge Lynn Adelman must decide whether to adopt the non-binding recommendation and, if accepted, schedule a trial on the misdemeanor and felony counts.
• Conviction on both counts could carry a sentence of up to six years in prison and as much as $350,000 in fines.