By MG Paul E Vallely US Army (Ret)
When a judge uses their position or authority to shield an offender from legal consequences, it touches on some of the most serious violations of both criminal law and legal ethics. While judges hold broad discretion in their courtrooms, that discretion ends where criminal conduct begins.
Crimes a Judge Can Commit by Protecting an Offender. A judge who unlawfully protects a criminal does not enjoy immunity from criminal prosecution. Potential charges under criminal law include. Obstruction of Justice: Intentionally interfering with an investigation, suppressing evidence, tampering with witnesses, or deliberately manipulating court dockets to derail a legitimate prosecution.
- Bribery and Extortion: Accepting money, gifts, or favors in exchange for dismissals, lenient sentences, suppressed evidence, or favorable rulings (quid pro quo).
- Aiding and Abetting / Accessory After the Fact: Providing assistance, safe harbor, advance warning of arrest warrants, or resources to help an offender evade law enforcement.
- Deprivation of Rights Under Color of Law: In the United States, federal law (such as 18 U.S.C. § 242) makes it a crime for a public official, including a judge, to willfully misuse their legal authority to violate someone’s constitutional rights.
- Racketeering and Conspiracy (RICO): If a judge participates in an ongoing criminal enterprise or coordinated ring (e.g., fixing cases for organized crime), they can be prosecuted as part of the criminal conspiracy.
The Limits of “Judicial Immunity”. A common misunderstanding is that judges are completely immune from the law:
- Civil Immunity: Judges generally possess absolute immunity from civil lawsuits for money damages resulting from their judicial acts—even if a ruling is alleged to be erroneous or malicious. This exists so judges can make difficult decisions without the constant fear of being sued by disgruntled litigants.
- No Criminal Immunity: Judicial immunity never shields a judge from criminal prosecution. If a judge commits a crime—whether in the courtroom or outside of it—they can be investigated, indicted, tried, and imprisoned just like any other citizen.
How Errant or Corrupt Judges Are Held Accountable. When a judge is suspected of shielding criminals or violating the law, several parallel systems can take action:
Mechanism
Authority
Potential Outcome
Criminal Prosecution
Department of Justice / State Prosecutors / Grand Jury
Arrest, criminal trial, prison sentence
Impeachment
Legislative branch (Congress or State Legislature)
Permanent removal from the bench and disqualification from office
Judicial Conduct Commissions
State Supreme Courts / Ethics Boards
Disbarment, suspension, public censure, removal
Appellate Review
Higher / Appellate Courts
Overturning corrupt orders, assigning cases to new judges
Judicial Discretion vs. Criminal Misconduct – The legal system draws a sharp distinction between a controversial judicial decision and an actual violation of law:
- Lawful Discretion (Not a Crime): Granting bail, imposing light sentences within statutory guidelines, or dismissing charges due to procedural errors or lack of evidence are within a judge’s legal authority. If the public or prosecutors disagree, the proper remedy is an appeal to a higher court or voting the judge out in judicial elections.
- Criminal Violation (A Crime): Actively concealing crimes, tipping off targets of wiretaps or raids, destroying records, or taking illicit compensation to alter the outcome of a proceeding crosses the line into felonious behavior.
Governors, Mayors, Judges and District Attorneys are not above the law regarding criminal negligence, fostering illegal activity, and violating their oath of office. They must continue to be indicted, arrested and removed from the office? We will and cannot wait for new elections to solve the increased criminal activities in our cities and states. Once citizens and the Federal government witness negligence by elected officials and promote more criminal activity, they must be confronted and warned. Forced resignations are in order!
“Violation of the oath of office“ means the neglect or knowing failure by an elective public officer to perform faith- entirely a duty imposed by law, including malfeasance, misfeasance, or nonfeasance, shall constitute good and sufficient cause for removal from the office of any such officer. The fourth federal law, 18 U.S.C. 1918, provides penalties for violating oath office described in 5 U.S.C. 7311, including (1) removal from office and (2) confinement or a fine. The definition of “advocate” is further specified in Executive Order 10450, which for enforcement, supplements 5 U.S.C. 7311. Is criminal violation of oath a felony?
The U. S. Constitution COMMANDS every Government Official to be BOUND by an Oath of Affirmation: Article 6, Clause 3. Then they are REQUIRED to take the Lawful Oath before taking the seat to which they were elected. Now it is time that We, the People, hold them to their Lawful Oath and demand they stand by every word in the Oath. They Solemnly Swear to Support and
Defend the Constitution against all enemies, foreign and Domestic; they take it Obligation Freely without any Mental Reservation or Purpose of EVASION! We MUST MAKE The Oath of Office a relevant ISSUE.
We, as citizens of America, we will no longer tolerate or allow public officials to release criminals or illegals back into society. When a criminal suspect is arrested, booked, and granted release on their “own recognizance,” or “O.R.,” no bail money is paid to the court, and no bond is posted. The suspect is merely released after promising, in writing, to appear in court for all upcoming proceedings. Most courts impose additional conditions on subjects in exchange for releasing them on their recognizance when there is a nexus between the state and the crime charged.
The federal government announced two separate arrests Friday of a current judge and a former judge alleged to have assisted undocumented immigrants who authorities claim were violent criminals, moves that have raised red flags among Democrats and others. Milwaukee County Circuit Judge Hannah Dugan was arrested Friday by the FBI over allegedly helping an undocumented immigrant evade arrest last week. Her arrest took place hours after federal authorities arrested former New Mexico Judge Joel Cano and his wife Nancy Cano for allegedly housing a Venezuelan national with reported gang ties, Attorney General Pam Bondi said. Bondi spoke with ABC News Live’s Kyra Phillips Friday afternoon to discuss the cases and dismissed critics who accused the Trump administration of intimidating judges who oppose their crackdown on undocumented immigrants.
Milwaukee County Circuit Judge Hannah Dugan, shown during a candidate forum in 2016.”Nobody is above the law, not even a judge,” Bondi told Philips. FBI Director Kash Patel announced Judge Dugan’s arrest earlier Friday in a social media post, which was briefly deleted and reposted. “Just NOW, the FBI arrested Judge Hannah Dugan out of Milwaukee, Wisconsin on charges of obstruction — after evidence of Judge Dugan obstructing an immigration arrest operation last week,” Patel said in the new post. “We believe Judge Dugan intentionally misdirected federal agents away from the subject to be arrested in her courthouse, Eduardo Flores Ruiz, allowing the subject — an illegal alien — to evade arrest.” Dugan was charged with two criminal counts of “obstructing and impeding a proceeding before a department or agency of the United States” and “concealing an individual to prevent his discovery and arrest,” according to a criminal complaint unsealed Friday.
County court records show the undocumented immigrant in the Milwaukee case — Eduardo Flores Ruiz — was set to appear in court before Dugan for a pretrial conference in a case where he has been charged with three misdemeanor counts of battery/domestic abuse connected to an incident.. The case is ongoing. Federal prosecutors allege Flores Ruiz illegally entered the U.S. from Mexico and was issued an Expedited Removal order in January 2013, according to a criminal complaint. Bondi alleged that Flores-Ruiz beat his roommate and a woman so badly that they needed to be hospitalized and that he continued to be belligerent in the hospital before his arrest. According to the complaint, Dugan allegedly sought to help Flores Ruiz evade arrest by federal officers from an ICE task force.
When Judge Dugan learned ICE officers were present in court to arrest Flores-Ruiz, she became “visibly angry” and said the situation was “absurd” before leaving the bench and entering her chambers, according to the complaint, which cited witnesses who spoke to the FBI. Dugan and another unidentified judge then allegedly approached the arrest team in the public hallway, according to the complaint. She was “visibly upset and had a confrontational, angry demeanor” and asked one of the officers whether they were present for a court appearance, the complaint alleged.
When the officer replied they were there to make an arrest, the complaint alleges Judge Dugan asked if they had a judicial warrant, to which the officer responded, “No I have an administrative warrant.” Multiple witnesses cited in the complaint later allegedly said Judge Dugan returned to her courtroom after directing members of the arrest team to the office of the court’s chief judge. “The courtroom deputy then saw Judge DUGAN get up and heard Judge DUGAN say something like ‘Wait, come with me,’” the complaint states. “Despite having been advised of the administrative warrant for the arrest of Flores-Ruiz, Judge DUGAN then escorted Flores-Ruiz and his counsel out of the courtroom through the ‘jury door,’ which leads to a nonpublic area of the courthouse.” “So she continues, continues with her docket, finishes her docket. Two victims sit in court all morning long waiting and at the end. The prosecutors say ‘What happened? Why didn’t the case get called?’” Bondi said.
A DEA agent saw Flores-Ruiz and his attorney in the public hallway of the courthouse and he appeared to be making efforts to evade arrest, the complaint says. After he was encountered by FBI and DEA agents outside the building, Flores-Ruiz “turned around and sprinted down the street” before he was ultimately apprehended, according to the complaint. Attorney General Pam Bondi speaks about the arrest of Milwaukee County Circuit Judge Hannah Dugan on ABC News, April 25, 2025.
Dugan retained former United States Attorney Steven Biskupic to represent her and he said in a statement that the judge will “defend herself vigorously and looks forward to being exonerated.” She appeared in U.S. District Court for the Eastern District of Wisconsin on Friday on the two charges, but did not enter a plea. She was released on her own recognizance. “Judge Hannah C. Dugan has committed herself to the rule of law and the principles of due process for her entire career as a lawyer and a judge,” Biskupic said in a statement. If convicted on the charges, Dugan could face up to six years in prison.
Wisconsin Gov. Tony Ever, criticized President Donald Trump and the White House for what he said were efforts “to attack and attempt to undermine our judiciary at every level.” Evers said he would continue to have faith in the justice system “as this situation plays out in the court of law.” He did not mention Dugan by name. In an interview Friday, Phillips asked AG Bondi if she thought the government’s actions were intimidating people in the court system, but she dodged the question. “We’re attempting to protect citizens, make America safe again,” she said. Bondi brought up the New Mexico case, where former Judge Joel Cano faces a charge of tampering with evidence. Court documents allege that on Feb. 28, an alleged Venezuelan Tren de Aragua gang member was arrested at the Canos’ residence.
These errant politicians must be forced to resign or arrested for not enforcing the law. Releasing criminals back on the street facilitates more criminal activity and endangers citizens. These elected officials are not above the law.
