Milwaukee County Circuit Court Judge Hannah Dugan has resigned from her position after a federal jury convicted her of felony obstruction of federal immigration agents. The conviction stemmed from an April 2023 incident at the Milwaukee County courthouse involving the attempted arrest of an undocumented immigrant. Her resignation, submitted to Governor Tony Evers, occurred amid plans by Republican legislators to initiate impeachment proceedings.
The Incident
On April 18, 2023, federal immigration agents arrived at the Milwaukee County Circuit Court to apprehend Eduardo Flores-Ruiz, a Mexican national identified as unlawfully present in the U.S. Flores-Ruiz was scheduled to appear before Judge Dugan for state misdemeanor battery charges.
According to testimony from federal agents, Judge Dugan approached them in a public hallway, questioned their possession of a judicial warrant, and directed them to the chief judge's office. Prosecutors alleged that Judge Dugan then addressed Flores-Ruiz's case off the record, accelerated his case, and instructed him and his attorney to exit the courtroom through a non-public jury door. Courtroom audio presented during the trial included Judge Dugan stating she would "take the heat" for her actions.
After exiting via the jury door, Flores-Ruiz and his attorney were observed by agents in a public hallway. Agents subsequently pursued and arrested Flores-Ruiz outside the courthouse following a brief foot chase. The U.S. Department of Homeland Security announced Flores-Ruiz's deportation in November.
Charges and Trial
Judge Dugan was indicted the following month on one felony count of obstructing a federal proceeding and one misdemeanor count of concealing an individual to prevent an arrest. She pleaded not guilty to both charges.
The federal trial began in December and lasted a week. On December 19, a jury found Judge Dugan guilty of the felony charge of obstructing federal officers but acquitted her of the misdemeanor charge of concealing an individual to prevent an arrest.
Prosecution and Defense Arguments
Federal prosecutors, including Assistant U.S. Attorney Kelly Watzka, alleged that Judge Dugan "rounded up" federal agents and created an "escape route" for Flores-Ruiz.
Judge Dugan's defense team argued that courthouse policy regarding immigration enforcement was ambiguous and undergoing change at the time of the incident. They contended that Judge Dugan was adhering to draft protocols that mandated referring federal agents to a supervisor. The defense also highlighted that Flores-Ruiz ultimately re-entered a public hallway, suggesting this demonstrated a lack of intent to conceal him. Judge Dugan did not testify during the trial. Legal experts not involved in the case noted that the judge's intent—whether she sought to impede a proceeding or was operating under perceived professional duties—would be central to the case. Defense attorney Jason Luczak encouraged the jury to serve as a "check on government overreach."
Conviction and Subsequent Action
Following her conviction, Judge Dugan faced a maximum penalty of five years in prison, with a sentencing date yet to be established. The Wisconsin Supreme Court had previously suspended Judge Dugan from her official duties after her arrest, citing that it was "in the public interest."
Resignation
Judge Dugan submitted her resignation letter to Wisconsin Governor Tony Evers on Saturday, following her conviction. In her letter, Judge Dugan cited the ongoing federal legal proceedings as a significant distraction, stating that these challenges impacted the independence of the judiciary and that she was pursuing a fight for herself and the independent judiciary. She also indicated that Wisconsin citizens "deserve to start the year with a judge on the bench in Milwaukee County Branch 13 rather than have the fate of that Court rest in a partisan fight in the state legislature." She referenced her decade of service, emphasizing her commitment to treating all individuals with dignity and respect. Governor Evers' office confirmed receipt of the resignation and stated that efforts would be made to fill the vacancy promptly.
Context of Immigration Enforcement
Prior to the first term of the Trump administration, federal authorities, including immigration agents, typically avoided courthouses for enforcement actions. A policy implemented in 2018 granted agents broader authority in such locations, and immigration enforcement has intensified since then. Officials within the Trump administration, including President Trump, had publicly supported the prosecution, and the Department of Homeland Security referred to Judge Dugan as an "activist judge" on social media.
Following Dugan's resignation, Wisconsin Assembly Speaker Robin Vos, a Republican, stated that Dugan had "did the right thing" by resigning. Ann Jacobs, a Democrat and chair of the Wisconsin Elections Commission board, expressed agreement with Dugan's stated desire for Milwaukee to have a permanent judge during the ongoing legal process. Judge Dugan's legal representation included prominent attorneys, indicating preparation for potential appeals.