By SCOTT BAUER, MADISON, Wis. (AP):- A Wisconsin judge accused of helping a man evade arrest in her courtroom by U.S. immigration agents will stand trial in December after she decided against appealing a federal judge’s ruling rejecting her attempt to dismiss the case.
Milwaukee County Circuit Judge Hannah Dugan’s attorneys said in federal court on Wednesday that she would not appeal the ruling at this time, but could later. U.S. District Judge Lynn Adelman then scheduled her trial to begin Dec. 15. It is expected to last about a week. Jury selection is set for Dec. 11 and Dec. 12.
Dugan’s case has highlighted the push by President Donald Trump’s administration to confront state and local authorities who resist his sweeping immigration crackdown.
Democrats have accused the administration of trying to make a national example of Dugan to chill judicial opposition to its deportation efforts.
She was arrested at the county courthouse in April and indicted on federal charges in May. Dugan argued that the charges should be dismissed, saying that she was acting in her official capacity as a judge and is therefore immune from prosecution.
Adelman last week rejected that argument and upheld the July recommendation of a magistrate judge who also ruled that the case could proceed.
Dugan is charged with concealing an individual to prevent arrest, a misdemeanor, and obstruction, which is a felony. She has pleaded not guilty and faces up to six years in prison and a $350,000 fine if convicted on both counts.
Prosecutors say Dugan escorted Eduardo Flores-Ruiz, 31, and his lawyer out of her courtroom through a back door on April 18 after learning that U.S. Immigration and Customs Enforcement agents were in the courthouse seeking to arrest him for being in the country without permanent legal status.
Agents arrested Flores-Ruiz outside the courthouse after a brief foot chase.
Dugan, 66, was suspended with pay by the Wisconsin Supreme Court after she was indicted.