Milwaukee judge fails in bid to dismiss case over allegedly helping undocumented man evade arrest

(MILWAUKEE) -- A federal judge in Wisconsin has denied Milwaukee County Circuit Court Judge Hannah Dugan's motion to dismiss federal charges alleging that she concealed an undocumented immigrant to prevent his arrest by immigration authorities.

In the decision, issued Tuesday, the judge did not agree with Dugan's argument of judicial immunity.

The order follows an earlier magistrate judge's recommendation to have the case continue.

Lawyers for Dugan, in part citing the U.S. Supreme Court's decision in President Donald Trump's immunity case, had argued she has judicial immunity for official acts and her prosecution is unconstitutional. Prosecutors, meanwhile, had contended in court filings that her motion to dismiss the charges ignored "well-established law that has long permitted judges to be prosecuted for crimes they commit."

The Wisconsin Supreme Court suspended Dugan in the wake of her arrest, stating in an order that it found it was "in the public interest that she be temporarily relieved of her official duties."