Federal court sets new deadlines as case against Judge Hannah Dugan moves forward

A federal court has set new deadlines as the criminal case against a Milwaukee County judge moves forward.

Circuit Court Judge Hannah Dugan faces federal charges after prosecutors say she helped a man evade immigration enforcement this spring.

Attorneys for Dugan and for the federal government appeared in court Wednesday for a brief scheduling conference. Several dozen people protested outside the federal courthouse in support of Dugan, carrying signs with messages including “Hands off Judge Dugan” and “Rule of Law for All People.”

Earlier this week, U.S. Magistrate Judge Nancy Joseph recommended against dismissing the case and instead suggested the legal matter should continue to move forward.

Now, it’s up to U.S. District Judge Lynn Adelman to accept or reject that recommendation.

During the hearing Wednesday, Adelman gave Dugan’s attorneys until July 17 to submit briefs in response to the magistrate’s recommendation.

After that, prosecutors have two weeks to file their own updated arguments responding to the defense’s latest brief.

If Adelman does end up rejecting the motion to dismiss, it’s not yet clear how long the case could take to be decided. A trial date has not been set.

In their motion to dismiss, Dugan’s attorneys argued that federal prosecutors were overstepping their authority by trampling on Wisconsin’s sovereignty and the authority of a state judge.

They also argued that judicial immunity protects Dugan from being prosecuted from official acts that she undertakes as a judge, including her ability to run her own courtroom.

But, in court filings earlier this summer, federal prosecutors countered those arguments, saying judicial immunity does not mean judges can break the law by interfering with law enforcement.

Dugan’s legal trouble began on April 18 when Immigration and Customs Enforcement arrived at the Milwaukee County courthouse with an administrative warrant to arrest a man who was in the country illegally, according to a criminal complaint.

The man had been scheduled to appear in Dugan’s courtroom that day on misdemeanor charges, but prosecutors say Dugan helped him avoid ICE by leading him and his attorney out a side door of the courtroom. At the time, Dugan told the man’s attorney that his court appearance would be rescheduled, so it could happen remotely at a later date, according to court documents.

Federal agents later arrested the man outside the building after chasing him on foot.

A week later, agents with the Federal Bureau of Investigation arrested Dugan at the county courthouse where she worked. A grand jury later indicted her on two charges — obstructing or impeding a proceeding and concealing an individual to prevent his discovery and arrest.

Since Trump took office in January, Immigration and Customs Enforcement agents have arrested multiple people inside the Milwaukee County Courthouse.

Federal authorities have argued the courthouse apprehensions are safer, since the people they’re seeking are unarmed after going through court security. They’ve also noted that it’s easier to find people if agents show up when someone is scheduled for a court appearance.

But local leaders in Milwaukee County have condemned the practice, saying the presence of ICE makes people afraid to show up for their court dates and discourages immigrants from reporting crimes or giving testimony.