MILWAUKEE — The federal trial for Milwaukee County Judge Hannah Dugan has been postponed. Dugan faces charges related to allegedly helping an undocumented immigrant avoid arrest by Immigration and Customs Enforcement (ICE).
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Defense attorneys and federal prosecutors agreed to delay the trial, which was originally scheduled to begin next month, until a motion to dismiss based on judicial immunity is resolved.
"We have been working this case nonstop. We're ready to go to trial," said Jason Luczak, Dugan's defense lawyer.
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Dugan is charged with concealing an individual to prevent arrest, a misdemeanor, and felony obstruction. Prosecutors claim she escorted Eduardo Flores Ruiz through a back door to her courtroom as ICE agents waited to arrest him.
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Before proceeding to trial, Dugan's legal team wants the case dismissed, arguing that her actions in the courtroom are protected under judicial immunity.
"Based on the motion that we filed—in all of the case law—that she is immune from this prosecution, that it shouldn't have even been brought in the first place. So obviously that does have to get resolved," Luczak said.
Federal prosecutors have pushed back against the motion, calling it an "unprecedented request for dismissal on grounds of judicial immunity that ignores well-established law."
They argue that Dugan's "desired ruling would essentially place judges above the law."
Judge Lynn Adelman, who is presiding over the case, told attorneys he intends to move quickly on the immunity question but emphasized the importance of handling it correctly.
Once a decision is reached on the motion to dismiss, either side will likely appeal, further delaying the trial.
No new trial date has been set.
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