Dugan Seeks Acquittal Ahead of Sentencing

Judge Hannah Dugan’s courtroom on the sixth floor of the Milwaukee County Courthouse. Photo taken by Graham Kilmer.

Former Milwaukee County Circuit Court Judge Hannah Dugan hopes a recent court decision may change the outcome of her federal criminal case.

Following a recent ruling in the influential 4th U.S. Circuit Court of Appeals, Dugan has filed a motion asking U.S. District Judge Lynn Adelman to reconsider his decision not to vacate the conviction against her on one count of obstruction of a pending federal deportation proceeding.

On April 16, the 4th Circuit reversed a lower court’s ruling in the case United States v. Hernandez, overturning a conviction for obstruction of a U.S. Immigration and Customs Enforcement (ICE) warrant. The case dealt specifically with what constituted obstruction of a pending proceeding under the same federal statute used to convict Dugan. The court ruled that an enforcement proceeding, like an ICE arrest operation, is not the same thing as a “pending proceeding” under the statute.

“The court rejected an argument — one the government repeatedly made here — that the execution of the warrant was a part of the overall removal proceedings or a ‘step’ toward effectuating the purpose of those proceedings,” her attorneys argue in the motion.

Dugan was charged with two federal crimes in 2025 in the wake of an incident involving a U.S. Immigration and Customs Enforcement (ICE) operation at the Milwaukee County Courthouse. The federal government alleged she obstructed an ICE enforcement action and that she concealed an individual from arrest. She was not convicted of concealing, but she was convicted on the count of obstruction. Her attorneys pointed to this inconsistency when asking Adelman to overturn her conviction.

The federal government used the earlier, federal district court decision in United States v. Hernandez to make the case and convict Dugan, her attorneys argue in the new motion. That interpretation of federal law has now been overturned by the 4th Circuit. “In short, the factual and legal record in this case cannot be squared with the 4th Circuit holding,” her attorneys argue.

On Tuesday, Judge Adelman issued an order telling the federal government to reply to Dugan’s new motion by May 15. He had previously scheduled sentencing for Wednesday, June 3. Dugan faces a potential fine or imprisonment for up to five years, or both.