Retired Judges Rally to Support Wisconsin Judge Facing Indictment
In a significant show of support for judicial independence, retired Chief Justice Michael L. Bender joined over 100 retired state and federal judges last week in advocating for the dismissal of criminal charges against Milwaukee County Circuit Court Judge Hannah C. Dugan. The judge faces federal indictment for allegedly obstructing immigration authorities at her courthouse.
Judge Dugan is accused of concealing a misdemeanor defendant sought by U.S. Immigration and Customs Enforcement (ICE) during a court appearance in April, directing the individual to exit through a side door instead of allowing ICE agents to apprehend him. In a May 30 filing, a group of 138 retired judges, including Bender, argued that prosecuting a judge for courtroom management poses a dangerous precedent, potentially undermining judicial independence nationwide.
The judges asserted that allowing the prosecution to proceed would instill a constant fear among judges across the country, deterring them from actions that could conflict with federal enforcement, including immigration. They emphasized that such a scenario could extend beyond immigration issues, warning of broader implications for state sovereignty.
Dugan’s defense team has moved to dismiss the charges based on claims of judicial immunity, citing the U.S. Supreme Court’s 2024 ruling in Trump v. United States, which granted former President Trump immunity for actions within his official capacity. Her attorneys believe her actions were protected judicial acts aimed at maintaining courtroom control.
Bender and the other judges echoed the sentiment that allowing federal authorities to operate within state courthouses is an affront to state sovereignty. They contended that prioritizing federal interests over state law would complicate judicial processes. As of now, the government has yet to respond to Dugan’s motion to dismiss the indictment.
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