Judge Hannah Dugan’s defense to file another motion to appeal in federal court

It's a story that's garnered nationwide attention. Judge Dugan was not present for the four-minute court case.

A magistrate judge on Monday recommended against dropping the charges against Judge Dugan. Back in May, Dugan's legal team filed a motion to dismiss, arguing she was acting in her official role at the time, meaning she's immune from prosecution. 

Judge Hannah Dugan's lawyers continue arguing judicial immunity after she's accused of helping Eduardo Flores-Ruiz evade immigration agents who were looking for him in court on April 18. Prosecutors claim surveillance video from the Milwaukee County Courthouse shows Flores-Ruiz evading immigration agents with the help of Judge Dugan. But her defense attorney, Nicole Masnica, says as a judge, these practices happen often in state courts.

"None of these things are unusual. And as we've seen on those videos- you already have- the defendant in this case went down the hall 11 feet and 8 inches outside of the main entrance to two federal agents who were watching and ready to arrest him."

On April 25, the FBI arrested Judge Dugan, who was later indicted on charges on May 13. Two days later, she pleaded not guilty.

Now, her defense is trying to prove she has immunity as a judge, but the magistrate judge rejects those claims, saying it doesn't apply in criminal cases. The defense sees this as a much larger problem at hand. 

"The government is interfering with the judiciary," Defense Attorney Masnica said. "The judiciary is the check and the balance on the executive branch on the government. And when prosecutors don't like the decisions, or the executive doesn't like the decision of a jurist or a judge, the problem is that we're now setting a precedent where they can essentially charge them with a crime if they don’t like that decision, and where does that stop?"

A group of about 100 people gathered outside the federal courthouse, showing their support for Judge Dugan.

It was decided in court Wednesday that the defense will appeal the magistrate's recommendation against their motion.

"The state court judge has all of the authority in state statute in the Wisconsin constitution to conduct proceedings in every way and have all the powers, all the powers to act in a way for judicial efficiency, to administer justice. And all of these things are, if you practice in state courts, this happens all the time," shared Masnica.

Both sides want this case to move quickly, with a trial, if it should be decided, taking place by the end of this year. So, the appeal from the defense should be filed by next Thursday, July 17.

Then, Judge Adelman will read the briefings from the defense and government, setting a status conference within 10 days where they can dismiss or set a trial date.