Delafield, Wis. – The Institute for Reforming Government (IRG) released a “Court Watch” primer on Wednesday, detailing the bounds of judicial immunity. The primer outlines Milwaukee County Judge Hannah Dugan’s alleged conduct to prevent federal immigration officials from arresting an illegal immigrant in the context of judicial immunity. 

WHY IT MATTERS: If the court grants Dugan’s motion to dismiss, it could set a precedent expanding judicial immunity to cover actions that obstruct federal law enforcement. If the court allows the case to proceed to trial, the case will test what actions of a judge can be prosecuted as criminal conduct, possibly deterring judicial overreach but potentially straining federal-state relations. 

THE QUOTE: 

Judicial immunity is not a blanket defense that protects judges from any and all conduct,” said Jake Curtis, IRG General Counsel and Director of Court Watch.Judge Dugan’s defense will hinge on whether the court will view her alleged acts as exercising her authority within the scope of her role as a state judge or not.”

WHAT’S NEXT: A federal grand jury indicted Judge Dugan this month. She pleaded not guilty to the charges and filed a motion to dismiss. The case is pending before Judge Lynn Adelman in Federal Court.

Read the primer here. 

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