Hannah Dugan

Hannah Dugan
Judge of the Milwaukee County Circuit Court
Branch 31
Incumbent
Assumed office
August 1, 2016
Suspended: April 29, 2025 – present
Preceded byPaul Rifelj
Personal details
Born1959 (age 65–66)
Education

Hannah C. Dugan (born 1959)[1] is an American attorney and judge from Milwaukee, Wisconsin. She has been a Wisconsin circuit court judge for Milwaukee County since 2016. Prior to her judicial service, Dugan served as president of the Milwaukee Bar Association, as an executive director for Catholic Charities USA in south-east Wisconsin, and she worked with several legal aid organizations.

On April 25, 2025, Dugan was arrested by the Federal Bureau of Investigation (FBI) and indicted for allegedly assisting an undocumented immigrant in evading arrest. The arrest received significant national attention and elicited opinions from across the political spectrum and legal profession. Opponents of the arrest have characterized her arrest as an authoritarian act by the second Trump administration, while supporters have characterized it as a proper enforcement of the law.[2][3][4] She was suspended by the state supreme court on April 29.[5]

Career

Dugan holds a bachelor of arts degree in legal studies from the University of Wisconsin, Madison, and a master's degree in American studies from Boston College.[1] She graduated from the University of Wisconsin Law School in 1987 and taught law courses at Marquette University and the Seattle University School of Law.[6] From 1999 to 2000, Dugan was president of the Milwaukee Bar Association.[7][8]

Dugan spent much of her career working with legal aid organizations to provide assistance to people who are unable to afford legal representation,[8] and served as the executive director of Catholic Charities of Southeastern Wisconsin from 2006 to 2009.[9] She was active in professional organizations and refereed attorney discipline cases brought by the Wisconsin Office of Lawyer Regulation.[10] Speaking to the Milwaukee Independent in 2016, Dugan stated that she found the judiciary situation in Milwaukee challenging, but believed in the independence of its judges.[10]

Dugan was elected a Wisconsin circuit court judge in 2016, defeating incumbent Paul Rifelj with 65% of the vote.[11] During her tenure, she primarily oversaw cases in the court's misdemeanor division.[8]

Dugan was suspended by the Wisconsin Supreme Court in April 2025 after being charged with the federal offenses related to allegedly helping an undocumented immigrant evade arrest. She faces federal charges of concealing an individual to prevent his discovery and arrest and obstructing or impeding a proceeding.[12][13]

Eduardo Flores-Ruiz court hearing

On April 18, 2025, US Immigration and Customs Enforcement (ICE) issued an arrest warrant for Eduardo Flores-Ruiz, a 30-year-old undocumented immigrant from Mexico accused of misdemeanor battery, who was set to appear in court on April 18, 2025, before Dugan on charges of battery and domestic abuse.[14]

Since 2019, a federal policy exists for ICE to refrain from making routine arrests at courthouses and according to an affidavit filed by an FBI agent in support of the criminal complaint against her, Dugan was described as angry when she learned that ICE agents were waiting outside her courtroom to arrest Flores-Ruiz. She then allegedly questioned the agents in the hallway and asked whether they had a judicial warrant. They informed her that they had an administrative warrant[a] to detain Flores-Ruiz.[16][3] Dugan told the agents that they needed a judicial warrant, not an administrative warrant, and she directed them to speak to Chief Judge Carl Ashley.[6] She then returned to her courtroom.

According to the Milwaukee Journal Sentinel, when Chief Milwaukee County Circuit Judge Carl Ashley notified Dugan of this warrant via email, Dugan responded saying "a warrant was not presented in the hallway on the sixth floor".[18]

After Dugan returned to her courtroom, instead of holding the hearing, she directed Flores-Ruiz and his attorney to leave using the jury room exit to the public hallway.[19][20] This alternate exit led through a hallway before opening to the public area where she and the agents had spoken.[21] Flores-Ruiz entered an elevator into which an agent also entered. They rode to the main exit from the building and left the building. When Flores-Ruiz began to leave the scene,[22] the ICE agents chased after him and arrested him near the intersection of West State Street and Tenth Street,[23] and Flores-Ruiz was taken to the Dodge Detention Facility in Juneau, Wisconsin.[21]

Arrest

The FBI subsequently opened an investigation into whether Dugan helped an immigrant avoid arrest.[18][24] Dugan was arrested by FBI agents on April 25, 2025, and charged with two felony counts of obstruction and concealing an individual,[21] and she was jailed. She was released on her own recognizance later that day.[25]

In contradiction to the conventions and traditions of the offices held, public comments were made regarding the arrest of Dugan. FBI Director Kash Patel announced the arrest in a social media post on X, stating that Dugan had "intentionally misdirected federal agents away from the subject to be arrested in her courthouse".[26] He deleted the post shortly thereafter, but subsequently restored the post. United States Attorney General Pam Bondi also spoke publicly in support of the arrest of Dugan.[27]

Arraignment and indictment

Dugan was brought before US Magistrate Judge Stephen C. Dries that morning for arraignment and she made no public comments, but her attorney told the court that Dugan "wholeheartedly regrets and protests her arrest. It was not made in the interest of public safety."[21][28] Following her initial hearing, Dugan hired former U.S. Attorney Steven M. Biskupic and former U.S. Solicitor General Paul Clement to represent her.[29][30]

Chief Judge Carl Ashley said in a statement that Dugan's caseload would be handled by another jurist in the courthouse and declined to comment further.[3] A reserve judge will be appointed to take over Dugan's caseload.[31] On April 29, 2025, the Wisconsin Supreme Court issued an order relieving Dugan of her duties during the length of her federal trial.[32][33] On May 13, 2025, Dugan was indicted by a federal grand jury for concealing a person from arrest and obstruction of proceedings.[25]

Defense

On May 14, Dugan's attorneys moved to dismiss the case, on the basis of judicial immunity, official acts, and the Tenth Amendment. They wrote, "The government's prosecution of Judge Dugan is virtually unprecedented and entirely unconstitutional".[34] To support their position they cited the 2024 US Supreme court decision Trump v. United States. They asserted that the decision provides immunity to Judge Dugan for all official acts within her exclusive constitutional authority. These official acts include directing someone where to go within her courtroom.[35]

On May 30, 138 retired state and federal judges filed an amicus brief, stating that Dugan "is entitled to absolute immunity for her official acts", and that the court should dismiss the charges against her. They characterized the prosecution as an "egregious overreach by the executive branch" that "would create a chilling effect on judges" if allowed to proceed, and that "threatens public trust in the judicial system and the ability of the public to avail themselves of courthouses without fear of reprisal".[36][37]

Reactions

Republican lawmakers applauded the arrest, with Congressman Derrick Van Orden (WI–03) stating that "many activist judges around the county have been acting politically in order to sabotage President Trump's agenda, and disenfranchise the 77 million Americans that voted for him".[38] Former Wisconsin Governor Scott Walker called on Republican leaders of the Wisconsin Legislature to convene an extraordinary session to impeach and remove Dugan from office, and Congressman Tony Wied (WI–08) called for Dugan's resignation.[39] United States Attorney General Pam Bondi stated that judiciary members opposing the Trump administration's immigration policies would face prosecution: "If you are harboring a fugitive, we don't care who you are. ... We will come after you and we will prosecute you. We will find you."[40][27]

Dugan's arrest was condemned by multiple Democratic lawmakers in the US House of Representatives.[38][41][42] U.S. Senator Tammy Baldwin, who represents Wisconsin, accused President Donald Trump of attacking democratic values, saying that the arrest threatens to breach the separation of powers set by the US Constitution.[41][27] Milwaukee's Congresswoman Gwen Moore (WI–04) said she was, "very alarmed at the increasingly lawless actions of the Trump Administration, and in particular ICE, who have been defying courts and acting with disregard for the Constitution."[43] Mark Pocan (WI–02) said the arrest is "stuff I expect from Third World countries" and called for an investigation.[38]

Milwaukee Mayor Cavalier Johnson said that aggressive federal interference at the Milwaukee County Courthouse was having a detrimental effect on normal legal processes,[44] with a similar view expressed by Milwaukee state Assemblyman Ryan Clancy.[45]

The Milwaukee Journal Sentinel reported that five legal experts, including former federal prosecutors, did not believe Dugan should be charged with a federal crime.[2] Christopher Wellborn, the president of the National Association of Criminal Defense Lawyers, criticized the arrest, saying that American democracy "rests upon the independence of the judiciary" and any "retaliatory action from the executive branch that appears to undermine this foundation demands our unwavering scrutiny and a resounding response."[3]

Retired Massachusetts Supreme Court justice Geraldine Hines commented "This kind of prosecution is... an effort to intimidate judges".[4] Monica Isham, a circuit court judge in Sawyer County, Wisconsin, sent an email to other state judges with the subject line "Guidance Requested or I Refuse to Hold Court". In the email, she noted that she had sworn an oath to uphold both the U.S. and Wisconsin constitutions, and said: "I have no intention of allowing anyone to be taken out of my courtroom by ICE and sent to a concentration camp, especially without due process, as BOTH of the constitutions we swore to support requires."[46]

More than 150 former state and federal judges called Dugan's arrest an attempt to intimidate the courts.[47]

The Chair of the Wisconsin Elections Commission, Ann Jacobs, said Judge Dugan's arrest was "unheard-of" and seemed designed to make judges afraid to take any position that the Trump administration did not like.[25]

Protests were held outside of the U.S. Courthouse in Milwaukee on April 25,[48] and the FBI field office in St. Francis on April 26.[49]

Electoral history

Wisconsin circuit courts (2016, 2022)

Year Election Date Elected Defeated Total Plurality
2016 General[50] April 5 Hannah C. Dugan Nonpartisan 132,461 64.90% Paul Rifelj (inc) Non. 70,098 34.35% 204,088 62,363
2022 General[51] April 5 Hannah C. Dugan (inc) Nonpartisan 89,206 98.42% —unopposed— 90,640

See also

  • Judicial independence
  • United States v. Joseph (2019), a federal criminal prosecution of a state court judge and a court officer for allegedly helping a state court defendant evade federal immigration authorities in a courthouse and, after dismissal of the case, the basis for a policy for ICE to refrain from making routine arrests at courthouses.

Notes

  1. ^ An administrative warrant is not issued by a judge; it carries less authority than a judicial warrant and it is limited in legal methods of serving, e.g., it may be refused by the intended recipient, who may withhold consent for such agents to enter places where privacy is expected.[15] "Unlike a judicial warrant, an administrative warrant does not give ICE officials the authority to enter private places without consent."[16][17]

References

  1. ^ a b Gregorian, Dareh; Gamboa, Suzanne (April 25, 2025). "Who is Hannah Dugan, the Milwaukee judge arrested by the FBI?". NBC News. Retrieved April 27, 2025.
  2. ^ a b Wen, Eva (April 25, 2025). "A Milwaukee judge is accused of helping a man evade ICE. What do legal experts have to say?". Milwaukee Journal Sentinel. Retrieved April 28, 2025.
  3. ^ a b c d Barrett, Devlin (April 25, 2025). "Wisconsin Judge Hannah Dugan Arrested by FBI in Immigration Dispute". The New York Times. ISSN 0362-4331. Retrieved April 26, 2025.
  4. ^ a b Serwer, Adam (April 26, 2025). "Trump Administration to Judges: 'We Will Find You'". The Atlantic. Washington, DC: The Atlantic Monthly Group. Retrieved April 28, 2025.
  5. ^ Bice, Daniel; Swales, Vanessa. "Wisconsin Supreme Court suspends Judge Hannah Dugan after federal charges". Milwaukee Journal Sentinel.
  6. ^ a b Habeshian, Sareen (April 25, 2025). "What to know about Wisconsin judge arrested by FBI". Axios. Retrieved April 25, 2025.
  7. ^ Gruver, Mead; Bauer, Scott (April 25, 2025). "Who is Milwaukee Judge Hannah Dugan?". AP News. Retrieved April 26, 2025.
  8. ^ a b c Ramirez, Chris; Gleeson, Cailey (April 25, 2025). "What to know about Hannah Dugan, the Milwaukee judge arrested amid ICE investigation on April 25". Milwaukee Journal Sentinel. Retrieved April 25, 2025.
  9. ^ Johnson, Annysa (December 11, 2009). "Catholic Charities executive director resigns". Milwaukee Journal Sentinel. Retrieved April 25, 2025.
  10. ^ a b "Hannah Dugan: Transformational Law". Milwaukee Independent. February 9, 2016. Retrieved April 25, 2025.
  11. ^ Vielmetti, Bruce (April 5, 2016). "Tight Milwaukee County judge race ends with no recount". Milwaukee Journal Sentinel. Retrieved April 25, 2025.
  12. ^ "Wisconsin judge suspended by state high court after being charged in federal immigration case". CBS News. April 29, 2025.
  13. ^ Babineau, Andi (April 29, 2025). "Wisconsin Supreme Court suspends judge accused of obstructing immigration agents". CNN.
  14. ^ Bice, Daniel; Swales, Vanessa; Ramirez, Chris (April 23, 2025). "Mexican immigrant sought by ICE is apprehended after hearing before a Milwaukee County judge". Milwaukee Journal Sentinel. Retrieved April 25, 2025.
  15. ^ "The Difference Between Judicial and Administrative Warrants". Motion Law. January 23, 2025. Retrieved April 26, 2025.
  16. ^ a b Wen, Eva; Spicuzza, Mary (April 23, 2025). "ICE officers use different types of warrants. Here's why that matters". Milwaukee Journal Sentinel. Retrieved April 30, 2025.
  17. ^ "Judicial Warrant vs. Administrative Warrant". The Luminus Network for New Americans. Retrieved April 30, 2025.
  18. ^ a b Holmes, Isiah (April 24, 2025). "FBI investigating Milwaukee County judge after third courthouse ICE arrest". Wisconsin Examiner. Retrieved April 25, 2025.
  19. ^ Roebuck, Jeremy; Marley, Patrick; Stein, Perry; Berman, Mark; Hsu, Spencer; Hawkins, Derek (April 25, 2025). "Wisconsin judge arrested by FBI, charged with obstructing immigrant arrest". The Washington Post. Retrieved April 25, 2025.
  20. ^ Durkin Richer, Alanna; Shastri, Devi; Bauer, Scott (April 25, 2025). "Milwaukee Judge Hannah Dugan is accused of helping a man evade immigration agents and is arrested". Associated Press. Retrieved April 25, 2025.
  21. ^ a b c d Diedrich, John; Bice, Daniel (April 25, 2025). "Milwaukee County Circuit Judge Hannah Dugan charged with 2 felonies in ICE case". Milwaukee Journal Sentinel. Retrieved April 25, 2025.
  22. ^ Deidrich, John (April 25, 2025). "Milwaukee man ran from ICE agents looking for him in courthouse, prosecutors say". Milwaukee Journal Sentinel. Retrieved April 26, 2025.
  23. ^ Breuninger, Kevin (April 25, 2025). "FBI arrests Wisconsin Judge Dugan on obstruction charge, escalates Trump immigration enforcement effort". CNBC. Retrieved April 25, 2025.
  24. ^ Bohr, Nick (April 24, 2025). "Milwaukee judge faces probe after incident with ICE agents". WISN-TV. Retrieved April 25, 2025.
  25. ^ a b c Smith, Mitch; Simmons, Dan (May 13, 2025). "Wisconsin Judge Indicted on Charges That She Helped Immigrant Evade Agents". The New York Times. Retrieved May 14, 2025.
  26. ^ Barr, Luke (April 25, 2025). "Judge Hannah Dugan arrested by FBI for allegedly helping undocumented immigrant 'evade arrest'". ABC News. Retrieved April 25, 2025.
  27. ^ a b c Benen, Steve (April 25, 2025). "As FBI arrests judge in Wisconsin, AG Pam Bondi directs new threats at the judiciary". MSNBC. Retrieved April 28, 2025.
  28. ^ Farias, Cristian (April 26, 2025). "Judge Dugan's Arrest Has Nothing to Do With Public Safety". Intelligencer. Retrieved April 26, 2025.
  29. ^ Spivak, Cary; Bice, Dainel; Diedrich, John (April 29, 2025). "Judge Hannah Dugan has all-star legal team, including 'LeBron James of lawyers'". Milwaukee Journal Sentinel. Retrieved April 29, 2025.
  30. ^ Ebert, Alex (April 29, 2025). "Paul Clement Joins Arrested Milwaukee Judge's Legal Team". Bloomberg Law.
  31. ^ Hemingway, Ahmad; Shalvey, Kevin (April 28, 2025). "Reserve judge to handle cases of Milwaukee judge arrested by FBI, court says". ABC News. Retrieved April 29, 2025.
  32. ^ Stelloh, Tim (April 29, 2025). "Milwaukee judge charged with obstructing immigration agents is relieved of duty". NBC News. Retrieved April 29, 2025.
  33. ^ "Wisconsin high court suspends Milwaukee judge accused of helping man evade immigration authorities". PBS News Hour. PBS. April 30, 2025.
  34. ^ Smith, Mitch (May 14, 2025). "Wisconsin Judge Accused of Obstructing Immigration Agents Seeks Dismissal of Case". The New York Times. Retrieved May 14, 2025.
  35. ^ Gooding, Dan; Whisnant, Gabe (May 15, 2025). "Judge Cites Trump Supreme Court Immunity Ruling in Bid to Dismiss ICE Case". Newsweek.
  36. ^ Frazier, Kierra (May 30, 2025). "More than 130 retired judges urge federal court to drop charges against Wisconsin Judge Hannah Dugan". CBS News. Retrieved May 31, 2025.
  37. ^ Bice, Daniel (May 30, 2025). "Group of 138 retired judges asks court to drop charges against Hannah Dugan". Milwaukee Journal Sentinel.
  38. ^ a b c Solender, Andrew (April 25, 2025). "'Unbelievable': Congress erupts over FBI arrest of Wisconsin judge Hannah Dugan". Axios. Retrieved April 25, 2025.
  39. ^ Bentley, Drake; Ramirez, Chris; Andrea, Lawrence; Wen, Eva; Swales, Vanessa (April 26, 2025). "Politicians, lawyers and more react to arrest of Judge Hannah Dugan". Milwaukee Journal Sentinel. Retrieved April 26, 2025.
  40. ^ Lalljee, Jason (April 25, 2025). "Trump AG says Hannah Dugan arrest is warning to other judges: "we will prosecute you"". Axios. Retrieved April 28, 2025.
  41. ^ a b Redman, Henry (April 25, 2025). "FBI arrests Milwaukee County judge". Wisconsin Examiner. Retrieved April 25, 2025.
  42. ^ Ferrara, John Ross (April 25, 2025). "Extreme abuse of federal power: Local lawmaker calls out Trump for FBI's arrest of Wisconsin judge". KRON4. Retrieved April 28, 2025.
  43. ^ "Congresswoman Gwen Moore Statement on Arrest of Milwaukee County Circuit Judge Hannah Dugan". Office of US Representative Gwen Moore (Press release). April 25, 2025. Retrieved April 25, 2025 – via Urban Milwaukee.
  44. ^ Brynda, Sean (April 25, 2025). "Milwaukee city leaders react to Judge Dugan's arrest". WTMJ (AM). Retrieved April 25, 2025.
  45. ^ "Rep. Clancy: Commends Judge Hannah Dugan's defense of due process against ICE's continued attacks". Office of Representative Ryan Clancy (Press release). April 23, 2025. Retrieved April 25, 2025 – via Wispolitics.com.
  46. ^ "Wisconsin Judge Monica Isham Threatens Not To Hold Court Over Hannah Dugan Arrest". Wisconsin Right Now. April 26, 2025. Retrieved April 28, 2025.
  47. ^ Bosman, Julie (May 5, 2025). "Former Judges Condemn Trump Administration's Arrest of Wisconsin Judge". The New York Times. Retrieved May 6, 2025.
  48. ^ Fogarty, Bridget; Spicuzza, Mary; Swales, Vanessa; Torres, Ricardo (April 25, 2025). "Protesters decry arrest of Milwaukee judge charged with helping immigrant evade ICE". Milwaukee Journal Sentinel. Retrieved April 26, 2025.
  49. ^ Castro, Gina Lee (April 26, 2025). "Protesters outside Milwaukee FBI Field Office denounce arrest of Milwaukee judge Hannah Dugan". Milwaukee Journal Sentinel. Retrieved April 26, 2025.
  50. ^ Canvass Results for 2016 Spring Election and Presidential Preference Vote – 4/5/2016 (PDF) (Report). Wisconsin Government Accountability Board. April 26, 2016. p. 7. Retrieved April 25, 2025 – via Wisconsin Elections Commission.
  51. ^ County by County Report – 2022 Spring Election (PDF) (Report). Wisconsin Elections Commission. May 18, 2022. p. 21. Retrieved April 25, 2025.
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