A federal judge in Wisconsin has cleared the way for criminal charges to proceed against a federal judge accused of preventing immigration officials from detaining an illegal immigrant.

Milwaukee County Circuit Judge Hannah Dugan, was arrested on April 25 after she “intentionally misdirected federal agents away” from a migrant who had appeared in her courtroom, according to the FBI director, Kash Patel.

The judge pleaded not guilty to one count of concealing an individual to prevent arrest, a misdemeanor, and one count of obstruction, a felony.

In a blow to Judge Dugan’s defense team, a federal magistrate judge, Nancy Joseph, recommended on Monday against dropping the charges against her. 

An attorney for Judge Dugan, Steven Bislupic, said in a statement, “We are disappointed in the magistrate judge’s non-binding recommendation, and we will appeal it.”

“This is only one step in what we expect will be a long journey to preserve the independence and integrity of our courts,” he added.

The circuit court judge’s legal team argued that the charges violated the 10th Amendment and should be dropped. In May, more than 130 retired judges also said the charges should be dropped, arguing in an amicus brief that the judge “is entitled to absolute immunity for her official acts.”

However, in a 37–page opinion, Judge Joseph said judges have immunity from civil lawsuits but not criminal charges, writing, “I do not agree that the case law supports that these judicial acts bar prosecution where the indictment alleges that the acts were done ‘corruptly’ or to facilitate violation of the criminal law.”

“A judge’s actions, even when done in her official capacity, do not bar criminal prosecution if the actions were done in violation of the criminal law,” Judge Joseph said. 

Judge Joseph stressed that “nothing said here speaks to the merits of the allegations” and that Judge Dugan “is presumed innocent, and innocent she remains, unless and until the government proves the allegations against her beyond a reasonable doubt to a jury at trial.”

A hearing in the case is scheduled for July 9, but a trial date has yet to be determined. 

If Judge Dugan is convicted, she could face up to six years in prison and a fine of as much as $350,000. 

The final decision on whether to drop the charges against Judge Dugan will be made by a federal district court judge, Lynn Adelman, who could reject Judge Joseph’s recommendation.

As the Wisconsin case plays out, a judge in Massachusetts, Shelley Joseph, is waiting to learn what disciplinary measures she may face for allegedly helping an illegal immigrant evade arrest in 2018.

Last month, lawyers for Massachusetts’ Commission on Judicial Conduct recommended that Judge Joseph be suspended indefinitely and lose her $207,855 salary over the 2018 incident. The commission also recommended that the matter be referred to the state legislature, which has the power to permanently remove her from her position. 
Judge Joseph was charged by the Department of Justice during President Trump’s first term. However, the charges were dropped by President Biden’s administration, and the case was referred to the Commission on Judicial Conduct.