Republican leaders in the state Legislature called Friday for Judge Hannah Dugan to resign or be impeached after a federal jury convicted her this week of a felony charge in connection with an immigration enforcement action in April at the Milwaukee County Courthouse. (Photo by Isiah Holmes/Wisconsin Examiner)
Republican leaders in the Wisconsin Legislature called Friday for Milwaukee County Judge Hannah Dugan to either resign or face impeachment after her conviction Thursday on a federal felony obstruction charge during an immigration enforcement action in the Milwaukee County courthouse in April.
“If Judge Dugan does not resign from her office immediately, the Assembly will begin impeachment proceedings,” Assembly Speaker Robin Vos (R-Rochester) and Assembly Majority Leader Tyler August (R-Walworth) said in a joint statement issued Friday. “Wisconsinites deserve to know that their judiciary is impartial and that justice is blind. Judge Hannah Dugan is neither, and her privilege of serving the people of Wisconsin has come to an end.”
They noted that the last time that a Wisconsin judge was impeached was in 1853. Republican lawmakers have also introduced a bill that would withhold pay for suspended judges.
After a four-day trial, a federal court jury convicted Dugan of felony obstruction for allowing a man who was in the country without legal authorization to exit her courtroom using a non-public hallway in April. Prosecutors argued that Dugan was trying to help the man avoid plainclothes federal immigration agents who were waiting in the public hallway outside her court.
The jury found Dugan not guilty on a second charge of concealing the man, Eduardo Flores-Ruiz, from federal agents. Dugan was suspended with pay by the Wisconsin Supreme Court after her arrest by FBI agents in April.
In closing arguments, prosecutors cast Dugan as being angry due to the influx of ICE agents in the courthouse and said no one should second-guess law enforcement, including immigration officers. Defense attorneys told jurors that courthouse immigration arrests had created an environment of unease and that the federal government was trying to make an example of Dugan.
No sentencing date has been set for Dugan. Attorney Steven Biskupic, who helped represent Dugan, has said that his team plans to appeal the conviction.
Milwaukee County Circuit Judge Hannah Dugan leaves the Milwaukee Federal Courthouse on May 15, 2025. Judge Dugan appeared in federal court to answer charges that she helped Eduardo Flores-Ruiz, an undocumented immigrant, elude federal arrest while he was making an appearance in her courtroom on April 18. (Photo by Scott Olson/Getty Images)
Updated at 9:14 p.m. Thursday, Dec. 18
After six hours of deliberation, a federal jury found Milwaukee County Circuit Court Judge Hannah Dugan guilty of felony obstruction but not guilty of misdemeanor concealing a person from federal immigration law enforcement. The high-profile federal trial stemmed from Dugan’s interaction with federal agents who came to her courtroom to arrest a man who was appearing before her on April 18.
“You don’t have to agree with immigration enforcement policy to see this was wrong. You just have to agree the law applies equally to everyone,” Assistant U.S. Attorney Kelly Brown Watzka told the jury in closing arguments.
Dugan’s case gained national attention, with her defense attorneys saying in closing arguments that the federal government was trying to make an example of the 66-year-old judge in an effort to “crush” those who try to stand up to federal power. Defense attorney Jason Luczak asked the jury to consider whether they were willing to accept the level of government overreach he and other attorneys argued was exemplified in the case.
Dugan invoked her Fifth Amendment rights and didn’t testify during the trial.
During their deliberations, the jurors asked multiple questions of the judge. Among them was whether Dugan needed to know exactly who immigration officers had come to the courthouse to arrest. The question went to the obstruction charge Dugan faced, and U.S. District Judge Lynn Adelman decided that in fact Dugan would need to have known the federal agent’s target in order for the obstruction charge to apply. Prosecutors argued vehemently against Adelman’s decision.
Jurors also asked to see the policies of Immigration and Customs Enforcement (ICE) in regards to serving warrants.
Later, after another jury question, Adelman advised jurors that Dugan needed to have “sufficient knowledge” of a “pending proceeding,” as defined in statute, in order to obstruct that proceeding.
Closing arguments
Prosecutors made their closing arguments in the federal trial Thursday, asking jurors to consider what happens when judges decide which laws they want to follow based on their own personal beliefs. Dugan was accused of interfering with federal agents as they tried to make an immigration arrest outside her courtroom, and with helping their target to evade arrest. Jurors, Assistant U.S. Attorney Kelly Brown Watzka said in her closing argument, must draw a line, without which “there is only chaos,” and that “chaos is what the rule of law is intended to prevent.
Calling immigration enforcement a “polarizing issue” nationwide, prosecutors said that Dugan was not on trial for her personal beliefs, but because she “stepped outside of the law.” As they flashed slides and footage to the jury, the prosecution heavily featured statements from Milwaukee County Circuit Court Judge Kristela Cervera, who accompanied Dugan into the hallway at the courthouse to confront the agents. Cervera testified against Dugan saying, “judges shouldn’t be helping defendants evade arrest,” a quote prosecutors highlighted to the jury.
Dugan knew that the agents had a warrant, prosecutors argued, yet concealed Eduardo Flores-Ruiz, the immigrant they were there to arrest. Dugan’s obstruction of the agents was completed the moment she led Flores-Ruiz and his attorney, Mercedes de la Rosa, to a non-public door to exit her courtroom, the prosecution asserted. Flores-Ruiz exited into the same hallway where agents were waiting for him, and they arrested him shortly afterwards outside the courthouse. But “it simply does not matter what happened next,” prosecutors said.
The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.
Although de la Rosa, whom prosecutors described as “naive and inexperienced,” took the door to the public hallway where agents were waiting, they told the jury Dugan intended for Flores-Ruiz and his attorney to use a staircase to exit on the fifth floor. To buttress their argument, prosecutors played courtroom audio that captured Dugan talking with court reporter Joan Butz and saying “down the stairs” as well as Dugan saying, “I’ll do it…I’ll take the heat,” and Butz responding, “I’d rather get in trouble.”
Prosecutors argued that had Flores-Ruiz taken the stairs instead of going out into the hallway, that the agents “would have never found” the Mexican-born man, who was in the country without legal authorization. Repeatedly, prosecutors said that no one should ever “second guess” the decisions of ICE agents and law enforcement.
Dugan was described as “stern” and “angrily pointing” in the hallway, rounding up nearly the entire arrest team and telling them to go to the chief judge’s office. Cervera led the agents to the office, testifying that she felt “abandoned” by Dugan and “roped into” Dugan’s plan. “No one is above the law,” the prosecution stressed.
Attorney Jason Luczak, delivering the closing for Dugan’s defense, tried to poke holes in the prosecution’s narrative. “This is a very important case; this is a very unprecedented trial,” Luczak said. “Make no mistake…the government is trying to make an example” out of Dugan, he said. He added that the jury had the power to check what he described as “overreach” by the federal government.
Luczak stressed that prior to the second Trump administration, ICE arrests had never occurred at the Milwaukee County Courthouse. When the arrests began in late March, individuals had been reportedly arrested in elevators and before attending family court, actions which should have been reported up the agency’s chain of command but weren’t, he said. “They’re not even following their own policies,” Luczak said. “This caused concerns, legitimate concerns, among the judges.”
The jury was asked to consider whether they really believe that Dugan would put her career at risk for Flores-Ruiz. “This case is riddled with doubts,” said Luczak, stressing that the jury could only convict if they find Dugan guilty beyond a reasonable doubt. “There are consequences on rubber-stamping what the government wants you to rubber-stamp,” he said.
Jurors were reminded of the many emails sent by various judges asking for a policy, sharing stories of having people detained during court, and the slew of questions they had about how the county courthouse could respond. Chief Judge Carl Ashley had released a statement saying that ICE presence at the courthouse discouraged participation in the justice process and eroded trust in the courts’ integrity.
Luczak also cast doubt on Cervera’s testimony. Jurors were played mute security camera video and asked to decide whether they believe Cervera that Dugan told the agents three times that they needed a judicial warrant, something that didn’t appear to happen in the video. “Judge Cervera is wrong,” said Luczak. “I don’t know if she’s lying, but I could think of some reasons why.” Cervera, the attorney argued, was trying to save herself by throwing Dugan under the bus. “You’re either a friend or an enemy of the government,” he said, asking the jury to consider why prosecutors relied on her statements so heavily.
When Dugan spoke with the agents, Luczak said, “she’s not being confrontational, she’s being a judge.” He also highlighted that agents contradicted themselves in testimony and in the interviews they gave to FBI agents after the incident. Luczak pointed out that the agents never ran down the hallway to the elevators, as they’d implied. The audio evidence provided by prosecutors had also been taken from multiple microphones and put into one file, and was not audible in many areas, Luczak told the jury, adding, “I don’t think you can see this as very good evidence at all.”
“If you don’t trust the evidence that the government is putting forward, it’s just another reasonable doubt,” Luczak said. Dugan never concealed Flores-Ruiz from the agents, who never entered her court to keep eyes on him, he said, adding that she never told de la Rosa to take the stairs. Luczak highlighted that prosecutors showed the jury video of the hall, with the filmer going down the stairs and not into the hallway, the opposite of what actually occurred. He called the government’s downplaying of concerns around ICE “tone deaf,” and questioned why Cervera herself texted her sister to warn her about sweeping arrests coming to the courthouse if she, too, didn’t have concerns.
“Justice is not what the government is seeking today,” Luczak. “They’re just wrong.” He told the jury to rely on Dugan’s emails to determine her state of mind, including one where she wrote: “We are in some uncharted waters with some very serious and even potential tragic community interests at risk in the balance.”
The jury was given instructions by Adelman, and began deliberations shortly after 2 p.m. At around 3:45 p.m., the jury sent out a question to the judge. Interim U.S. Attorney for the Eastern District of Wisconsin Brad Schimel, who lost a bid for the Wisconsin Supreme Court earlier this year, made an appearance in the gallery as Adelman read the question from jurors about whether they were allowed to see ICE policies, which were included among the exhibits.
Defense calls former Mayor Barrett as character witness
As witness testimony in the trial against Dugan concluded Thursday morning, Milwaukee County judges and public defenders spoke about the confusion and questions they faced when Immigration and Customs Enforcement (ICE) began arresting people at the county courthouse. Former Milwaukee Mayor Tom Barrett was also called to the stand as a character witness, testifying that he’s known Dugan for over 50 years since they were in high school together.
Milwaukee County Circuit Court Judges Katie Kegel and Laura Gramling-Perez testified for the defense about emails local judges sent each other, asking for guidance and sharing stories about having people “snatched” out of their courtrooms and seeing ICE agents sitting in cars outside the court.
One judge chimed in on the chain, “does this mean that Milwaukee County is cooperating with ICE?” Milwaukee County does not cooperate with ICE detainer requests in the jail. The Milwaukee Police Department also has its own policies limiting cooperation with ICE.
Judges air concerns about courthouse arrests
In one of her emails, Gramling-Perez strongly urged the creation of a policy on courthouse arrests by ICE. Under such a policy, she testified, ICE agents would be required to check in with the chief judge before conducting any enforcement. When the arrest team arrived the morning of April 18, they checked in with security who notified their supervisors at the Milwaukee County Sheriff’s Office. Security initially believed the agents would need to be escorted by the sheriff’s office, but a sergeant told them that wouldn’t be necessary.
Gramling-Perez reviewed emails on the stand that said “the historic protocols are now shifting quickly,” and explaining that although state and local law enforcement have conducted arrests around the court in the past, those activities were always guided by clear policies or practices which were respected by law enforcement. “The ICE detentions are a different animal,” one email stated.
Prosecutors repeatedly attempted to get Gramling-Perez to say that ICE arrests were allowed in public hallways, per the “key takeaways” that she outlined in her email to Dugan and other judges. Gramling-Perez, however, didn’t budge. When prosecutors showed her images of documents they claimed were part of her presentation, she said she’d never seen them before. When they pressed her to say that ICE arrests could happen in public hallways, she countered that her emailed explanations were not all inclusive, that she is not an expert on the matter, but that even public hallway arrests have their limits.
Gramling-Perez testified that although discussion of a policy had begun, no policy had yet been established by the chief judge.
Attorney Maura Gingerich, a public defender, was also called to the stand as a defense witness. Gingerich testified wearing a black suit with a black mask she said she wore for health reasons — attire similar to what she wore on April 18, when security cameras captured her photographing the plain-clothes ICE, FBI, DEA, and Border Patrol task force members in the courthouse hallway. Gingerich testified that she took photographs of the agents to send to her supervisor, so that the chief judge would be notified that the agents had returned and could offer guidance.
“I think that it was very stressful to see what I thought were a number of law enforcement on the sixth floor without uniform,” Gingerich testified, noting she had already gone to another courtroom when Dugan approached the agents. One of the prosecutors suggested Gingerich followed the agents to another courtroom and was cooperating with Dugan, saying, “I know what you guys were trying to do,” but Gingrich denied that characterization. Gingrich said she never saw Dugan that morning.
Barrett calls Dugan ‘extremely honest’; Dugan invokes the Fifth Amendment
Former Milwaukee Mayor Tom Barrett testified as a character witness for Dugan, saying he has known her and the Dugan family for half a century. They first met when they attended the same high school.
Barrett described Dugan as very active in the community, an enthusiastic participant in community organizations and in her church. “I think that she is extremely honest and I know that she will tell you exactly how she feels,” Barrett testified, adding that he feels that Dugan is a good person.
The defense rested its case ahead of a lunch break. Dugan invoked her Fifth Amendment rights not to testify. Defense attorney Steven Biskupic noted on the record that he objected to draft instructions the judge gave the jury, after Adleman chose jury instructions crafted by the prosecution instead of the defense.
Dugan faces up to five years in prison and a $350,000 fine for the felony conviction, but as a nonviolent offender with a record of service to her community is unlikely to be sentenced to time behind bars. Her sentencing hearing has not yet been scheduled.
Judge Hannah Dugan leaves court in her federal trial, where she faces charges of obstructing immigration officers. (Photo by Isiah Holmes/Wisconsin Examiner)
The gallery was packed shoulder-to-shoulder Monday morning as Milwaukee County Circuit Court Judge Hannah Dugan entered the courtroom of U.S. District Judge Lynn Adelman not as a judge, but as a criminal defendant. Dugan is accused of obstructing federal agents in their efforts to arrest a Mexican-born man who was in the country without legal authorization, and who appeared in Dugan’s misdemeanor criminal court back in April. If convicted in what Adelman signaled would be no more than a week-long trial, Dugan could face six years in prison.
Attorneys on both sides of the trial painted very different pictures of Dugan during their opening statements, which can include statements which do not have to be demonstrated by evidence.
The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.
Opening statements from prosecutors lasted nearly an hour, with the lawyers saying that Dugan “knew what she was doing was wrong.” Repeatedly, prosecutors pointed to courtroom audio transcribed by the FBI which captured Dugan saying, “I’ll get the heat,” when talking to her courtroom staff about how to respond to the fact that immigration agents were waiting in the hallway to arrest Eduardo Flores-Ruiz, a man appearing before her on misdemeanor charges of battery and domestic violence.
Prosecutors called the Milwaukee County Courthouse “a safe place where arrests are routine,” allowing federal agents to confront targets who have passed through security screening and are unarmed. An arrest team of six federal agents from the FBI, DEA, Border Patrol, and ICE wearing plain clothes and carrying concealed weapons were attempting to blend into the normal hustle and bustle in the courthouse. Prosecutors said that an FBI agent told a Milwaukee sheriff’s deputy, who was serving as a bailiff for Dugan’s courtroom, that they were there to arrest Flores-Ruiz. “Everything was proceeding in a routine way,” prosecutors told the jury, until the court clerk told Dugan that agents were in the hallway for an immigration arrest.
Jurors watched mute video compiled from security cameras showing Dugan, accompanied by fellow Circuit Court Judge Kristela Cervera, walking down the public hall in their judge robes to find out what the agents waiting outside the courtroom wanted. Both judges can be seen pointing to the chief judge’s office, with agents then following Cervera to consult with Chief Judge Carl Ashley.
When Dugan returned to her courtroom she called Flores-Ruiz first out of the at least 33 cases she had on the docket, setting a court date and telling Flores-Ruiz he was welcome to attend remotely over Zoom. After that, prosecutors allege that Dugan and her court staff directed Flores-Ruiz to an exit in the courtroom which led to a non-public hallway. At the end of the hallway Flores-Ruiz could either take a staircase leading down to the fifth floor, or go through a door which led back out to the public hallway where agents were waiting.
People gather to sing and show support for Judge Hannah Dugan on Thursday, Dec. 11, ahead of Dugan’s federal trial. (Photo by Isiah Holmes/Wisconsin Examiner)
Flores-Ruiz and his attorney exited through the door and walked right past the federal agents. Some of the agents trailed Flores-Ruiz to the elevator, while the rest of the arrest team left Ashley’s office. Cameras outside the courthouse captured agents running down a sidewalk after Flores-Ruiz and his attorney.
Dugan is accused by prosecutors of “dividing” the arrest team by directing them to the chief judge. They say that Dugan had “strongly held views” about immigration enforcement in courts which led her to “cross the line,” and that the now-suspended judge had “orchestrated” Flores-Ruiz’s “escape from federal law enforcement.”
Prosecutors claimed Dugan told Cervera to keep her robes on during the interaction, and that Cervera and Flores-Ruiz’s defense attorney Mercedes De La Rosa were both uncomfortable with Dugan’s wishes to confront the agents.
Dugan’s defense team emphasized that the door Flores-Ruiz used to exit the courtroom was just 11 feet from the courtroom’s main entrance. They also discussed the upheaval the Trump administration’s deportation operations had caused at the Milwaukee County Courthouse before the interaction with Dugan. ICE arrests had occurred in late March and early April, alarming county judges. The defense displayed emails from courthouse personnel they said demonstrated the “paranoid” atmosphere at the courthouse and which described concerns about people not showing up to court and suspicious vehicles parked outside that looked like they belonged to federal law enforcement.
Courthouse was developing a policy on ICE
At the time of Flores-Ruiz’s arrest, Chief Judge Ashley was drafting a policy on how to respond to immigration enforcement coming inside the courts. Judges had been invited to a training presentation on the matter which Dugan was unable to attend, but she had been briefed on its main points.
The Milwaukee County Courthouse (Photo by Isiah Holmes/Wisconsin Examiner)
The draft policy noted that administrative warrants of the type federal agents presented to arrest Flores-Ruiz are not treated the same way as judicial warrants. Whereas a judicial warrant would give the agents full access to the building, administrative warrants limit them to the public areas of the courthouse. Court staff were also instructed to direct immigration officers to their immediate supervisors, which Dugan appeared to be doing by directing them to Ashley, her attorneys said, adding that the chief judge needed to be notified if a warrant is executed.
Ashley had also issued a press release after the rash of ICE arrests saying in part that “the court must remain a safe haven,” Dugan’s attorney Steven Biskupic noted, as images of courthouse emails, messages, and press releases were presented to jurors on two screens. Dugan did not obstruct the agents, or give direction to anyone else to do so, her attorneys argued.
Federal agents testify
Three federal agents took the stand Monday and gave lengthy testimony, starting with Erin Lucker of the FBI. Lucker was not involved with the immigration arrest, but helped gather and analyze video and evidence to charge Dugan. Using audio from courtroom microphones, Lucker created a transcript and timeline of events from the time Dugan first approached the agents until Flores-Ruiz was arrested outside.
The audio was very poor in places, and Judge Adelman reminded the jury that the audio is evidence, not the transcript, and that if they could not understand what is said on the audio, they were not allowed to rely on the transcript instead. In a portion of the audio, Dugan can be heard talking to court staff about the exit to the hallway, with a voice saying “down the stairs,” though some of what’s being said was inaudible. Prosecutors also said that the alleged victims of the domestic violence and battery charges Flores-Ruiz faced were kept waiting in the courtroom to wonder what happened after he left.
FBI Special Agent Jeffrey Baker, a member of the immigration ERO arrest team, leaves court Monday after testifying during the trial of Judge Hannah Dugan. Behind him is ICE supervisor Anthony Nimtz. (Photo by Isiah Holmes/Wisconsin Examiner)
In response to questions from Dugan’s defense attorneys, Lucker said she had no firsthand knowledge of the courthouse itself or what business there usually looks like. She had not participated in an arrest team like the one assembled for Flores-Ruiz, she said. She also responded to the defense that she wasn’t aware that before January 2025 immigration enforcement officers did not, as a matter of policy, target people for arrest at courthouses.
Defense attorneys also pointed out that a video Lucker helped produce shows a walkthrough of Dugan’s courtroom and the non-public hallway outside ends with the filmer walking down the stairs, not taking the entrance to the hallway which Flores-Ruiz took. Lucker said she hadn’t walked down those stairs, and was unaware that to get out of the building you’d need to pass by multiple security checkpoints.
Testimony revealed that federal agents had been surveilling Flores-Ruiz at his home and followed him to the courthouse. Defense attorneys questioned why a traffic stop wasn’t made. The task force agents used an encrypted Signal chat which they’d named the “Frozen Water Group” to communicate about the ICE operation.
FBI Special Agent Jeffrey Baker, one of the plain-clothes agents on the arrest team, testified that he had only been on the ERO team since February when the team came for Flores-Ruiz in April. Baker said Dugan “divided” the arrest team by leading members into the chief judge’s office, and that when he talked to Dugan “she seemed to be angry at that point.” When he went to Ashley’s office, Baker said he wasn’t told where he was going or why. He was informed that Flores-Ruiz had left the building either by a text or phone call from another agent.
On Tuesday, Baker will be questioned by defense attorneys.