Inspired by Dugan, GOP Proposal Would Withhold Pay From Suspended Judges
Proposal has been passed out of committee in both Assembly and Senate.
Judge Hannah Dugan’s courtroom on the sixth floor of the Milwaukee County Courthouse. Photo taken by Graham Kilmer.
A bill advancing in Wisconsin’s GOP-controlled Legislature would withhold pay from judges while they’re suspended for alleged criminal misconduct.
Republican sponsors say the proposal comes in response to a situation involving Milwaukee County Judge Hannah Dugan.
Federal prosecutors filed charges against Dugan this spring. She’s accused of trying to help a man evade immigration authorities by leading him through the side door of her courtroom in April.
Dugan has maintained that she did nothing wrong. The case against her is set for trial on Dec. 15.
In the meantime, Dugan hasn’t been hearing cases. The Wisconsin Supreme Court suspended her at the end of April, citing the ongoing criminal case.
As is typical for Wisconsin judges who are suspended pending a finding, Dugan’s suspension is paid. State Rep. Shae Sortwell, R-Two Rivers, said that isn’t fair.
“Taxpayers will now be funding an extended vacation for her, while paying for additional taxpayer dollars for reserve judges to fill in,” said Sortwell, the bill’s author, during a public hearing this fall.
Dugan’s current salary is $179,774 a year, according to a state court spokesperson. Although the bill wouldn’t apply retroactively to Dugan’s case, Republican sponsors say they want to guard against similar situations in the future.
As originally introduced, the bill would have withheld pay from a judge or judicial commissioner who’s suspended by the Wisconsin Supreme Court pending an investigation into any type of alleged misconduct.
It’s since been amended to specify that the alleged misconduct must be criminal in nature and that a judge must get back pay if the suspension ultimately does not result in discipline. Another pending amendment would spell out that pay can only be withheld if the Wisconsin Supreme Court first holds a hearing to establish probable cause of misconduct.
How often are judges suspended in Wisconsin?
It’s unusual for judges to be suspended pending a misconduct investigation.
Between 1978 and 2024, only 15 Wisconsin judges were suspended as a result of public disciplinary cases, according to a Wisconsin Judicial Commission report. Sometimes, those misconduct investigations result in discipline like reprimands or unpaid suspensions. In rare instances, judges are removed from office.
Typically, a Wisconsin judge is suspended after the Wisconsin Judicial Commission files a complaint with the state Supreme Court, saying that the commission has found probable cause that the judge engaged in misconduct. That can lead justices to temporarily suspend the judge pending a final determination of the proceedings.
In Dugan’s situation, the Supreme Court did not act in response to a complaint from the judicial commission. Instead, the high court said it was taking action on its own accord “to uphold the public’s confidence in the courts.”
The State Bar of Wisconsin said it is not taking a position on the bill. Dugan’s attorneys declined to comment on the legislation.
Last month, the GOP-controlled Assembly Committee on Judiciary voted to recommend passage of the bill. This week, the proposal cleared a Senate committee with Republicans voting in favor and Democrats voting against.
With focus on Dugan, GOP bill would withhold pay from suspended judges was originally published by Wisconsin Public Radio.
If you think stories like this are important, become a member of Urban Milwaukee and help support real, independent journalism. Plus you get some cool added benefits.
