Dugan Enters Not Guilty Plea During Brief Appearance

Milwaukee Federal Courthouse. Photo by Mariiana Tzotcheva

Milwaukee County Circuit Court Judge Hannah Dugan appeared in federal court Thursday for the first time since her April arraignment.

She pleaded not guilty to two federal felony charges for allegedly obstructing a U.S. Immigration and Customs Enforcement (ICE) operation.

She is charged with one count of obstruction and one count of concealing an individual to prevent their arrest. The first charge carries a maximum penalty of one year imprisonment and a $100,000 fine. The second charge carries a penalty of up to five years imprisonment and a $250,000 fine.

Dugan appeared in court with attorneys Steven Biskupic, Jason Luczak and Nicole M. Masnica. Biskupic appears to be leading her litigation team and spoke on her behalf in court. U.S. Attorney Richard G. Frohling appeared on behalf of the federal government.

Both the prosecution and the defense told Magistrate Judge Stephen C. Dries that they expected jury selection would be difficult for the trial, potentially taking longer than usual. The two sides plan to develop a jury questionnaire together to submit to the court. The case was randomly assigned to federal Judge Lynn Adelman.

The case has drawn national attention since Dugan was first arrested, in part because FBI Director Kash Patel tweeted that Dugan had been arrested. Critics of the arrest have charged that the courthouse arrest and handcuffs appeared political and unnecessary.

On Tuesday, a grand jury found there was probable cause to bring the charges against her. It’s alleged in an initial criminal complaint and the indictment that the judge confronted federal agents outside of her courtroom, where they were waiting to arrest Eduardo Flores-Ruiz, an undocumented Mexican immigrant. Flores-Ruiz was in court on charges of misdemeanor battery. Federal prosecutors allege Dugan sent agents to the chief judge’s office, then directed Flores-Ruiz and his attorney to use a side door out of her courtroom, and told him he could appear virtually for his next hearing. The side door leads to a public hallway. Agents arrested Flores-Ruiz outside the courthouse.

Shortly after her indictment, Dugan’s legal team filed a motion asking the court to dismiss the charges against her. They argued Dugan’s judicial immunity protects her from criminal prosecution for official acts of her office. Her legal team relied on legal precedent found in the U.S. Supreme Court decision in Trump v United States. In that case, the court found the president enjoyed “absolute immunity” from prosecution for actions within his “exclusive sphere of constitutional authority.”

Dugan’s arrest came on the heels of controversial ICE arrests in the county courthouse. In April, it became public that ICE had made at least two prior arrests. Local elected officials and civic leaders decried the arrests, saying it was disrupting the judicial process, denying individuals charged with crimes their right to due process and would chill immigrant participation in the judicial process, including as victims or witnesses.

During the brief plea hearing Thursday, a protest, blocking half of E. Wisconsin Avenue, was organized outside of the federal courthouse, 517 E. Wisconsin Ave. The action was organized by Voces De La Frontera Action and SEIU Wisconsin.

The next hearing in the case is scheduled for July 9.