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This ruling means Judge Dugan must face the charges brought against her earlier this year. In April, she was indicted following an incident at the Milwaukee County Courthouse involving defendant Eduardo Flores-Ruiz, a foreign national facing three misdemeanor assault charges.
Prosecutors say federal Immigration and Customs Enforcement (ICE) agents were waiting in the courthouse to detain Flores-Ruiz when Judge Dugan learned of their presence. Instead of allowing due process to play out, she allegedly confronted the officers, told them they needed a warrant, and directed them to another office in the courthouse.
Authorities claim she then took an extraordinary step—holding no official hearing and instead allowing Flores-Ruiz and his attorney to quietly slip out of the courtroom through a back exit, away from ICE agents. Despite the alleged interference, Flores-Ruiz was eventually arrested later that same day.
Her legal team quickly pushed back against the indictment, filing a motion that argued she was simply carrying out her judicial role. They claimed the prosecution itself violated the Constitution, citing both the Tenth Amendment and separation of powers. According to her attorneys, Washington has no authority to criminally charge a state judge for actions connected to her courtroom duties.
The defense also insisted that judicial immunity shields judges from consequences except in extreme cases like bribery or intentional constitutional violations—charges they say do not apply here.
But Judge Adelman disagreed. In his ruling, he wrote: “There is no basis for granting immunity simply because some of the allegations in the indictment describe conduct that could be considered ‘part of a judge’s job.’”
He went further, making clear that the accusations—misleading officers, obstructing a federal arrest, and helping a defendant escape—fall far outside the normal protections afforded to members of the judiciary.
The ruling does not establish whether Judge Dugan is guilty, but it clears the way for the case to move forward. A federal hearing is scheduled for September 3, and both sides have expressed interest in beginning a trial before year’s end. No official trial date has been locked in.
This rare case has sparked national debate, given how seldom sitting judges face criminal charges for obstructing federal law enforcement. The outcome could have lasting consequences on how courts define judicial immunity when it collides with immigration enforcement.
Flores-Ruiz, the man at the center of the controversy, remains in ICE custody awaiting immigration proceedings. Local prosecutors have not clarified whether his state-level criminal charges are still active.
If Judge Dugan is ultimately convicted, she could face fines or prison time. The U.S. Attorney’s Office has declined to comment further while the case is ongoing.
