Prosecution of Judge Dugan undermines centuries of legal precedent
Allowing this prosecution to proceed would set a dangerous precedent and irrevocably erode the bedrock principle of judicial neutrality upon which our justice system stands
Nancy Gertner and Michael Luttig
Special to Milwaukee Journal Sentinel
... The integrity of our justice system fundamentally hinges on the independence of its judges. That is why, historically, the judiciary has commanded a higher level of public trust than the executive and legislative branches: judges are seen as impartial arbiters of the law. This profound responsibility is in turn safeguarded by judicial immunity, a foundational principle with deep historical roots in English common law that is firmly embedded in American jurisprudence.
This same immunity for government officials that applies to the executive and legislative branches applies with equal force to judges. As the Supreme Court has explained, this enduring doctrine empowers judges to make decisions “without apprehension of personal consequences,” thereby preserving the effectiveness and impartiality of the judiciary – the trusted keepers of the rule of law.
The arrest of Dugan in violation of these principles casts a chilling shadow over judicial independence nationwide. It has compelled us, alongside a coalition of almost 140 other former state and federal judges, to file a “friend of the court” brief supporting Dugan’s motion to dismiss the federal prosecution. We felt compelled to act because the prosecution is not just about her, and is not just contrary to law; it poses a grave danger to the American justice system.
As we explain in the brief, judicial immunity finds its parallels in the protections afforded to the executive and legislative branches: officials cannot be prosecuted for actions taken in their official capacity. This official immunity ensures that each co-equal branch operates free from personal reprisal ...
https://www.jsonline.com/story/opinion/2025/06/09/judge-hannah-dugan-arrested/84029706007/
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