Milwaukee County Judge Dugan trial set for mid-December
Judge Dugan's federal trial date set
A federal court judge on Wednesday set the trial date for Milwaukee County Judge Hannah Dugan.
MILWAUKEE - A federal court judge on Wednesday, Sept. 3 set the trial date for Milwaukee County Judge Hannah Dugan.
Jury selection for the Dugan case is set for Thursday, Dec. 11 and Friday, Dec. 12. The trial is scheduled to begin on Monday, Dec. 15. But Dugan's defense and prosecutors cannot agree on a written questionnaire for potential jurors.
Milwaukee County Circuit Court Judge Hannah Dugan leaves federal court
Polling potential jurors
What we know:
Dugan's team wants to ask about stickers on cars and laptops. Federal prosecutors in court said that is not relevant
Dugan's proposed jury questionnaire would also ask what radio talk shows podcasts and TV channels they listen to. They also want to ask potential jurors to describe their political views, and if they ever attended a campaign rally, joined a protest for or against federal immigration enforcement.
What they're saying:
"I think it's a political prosecution, but our defense is not political. Our defense plays to all political beliefs," said Jason Luczak, Dugan's defense attorney.
"If that's the case, why are you asking people about their political views on their water bottle stickers?" asked FOX6's Jason Calvi.
"Because we have to know what lens people come in with, and how hardened their views are. So, what we’re looking for is reasonable people on both sides of the political spectrum that can listen to the facts of the case," Luczak answered.
Federal indictment
The backstory:
A federal grand jury indicted Dugan, and she pleaded not guilty, in May.
The grand jury's two-count indictment accuses Dugan of helping undocumented Eduardo Flores-Ruiz evade federal agents, who were at the Milwaukee County Courthouse to arrest him. It also states Dugan obstructed those agents in the process.
Eduardo Flores-Ruiz
Flores-Ruiz was in Dugan's courtroom for a misdemeanor battery case on April 18. Prosecutors said Dugan told federal agents to go to the chief judge's office down the hall, and is then accused of telling Flores-Ruiz and his attorney to leave her courtroom out a back door as federal agents waited outside the courtroom to arrest him.
FREE DOWNLOAD: Get breaking news alerts in the FOX LOCAL Mobile app for iOS or Android
Agents later arrested Flores-Ruiz outside the courthouse after a brief foot chase.
The Wisconsin Supreme Court suspended the Milwaukee County Circuit Court judge, saying it is in the public interest to temporarily relieve her of her duties as she faces federal charges.
Police video
What they're saying:
Dugan said she did not know Flores-Ruiz's immigration status. Days before federal agents arrested her in April, she called police about another issue. She talked about the immigration case in a conversation captured on an officer's body-worn camera video.
"A couple taxpayers are mad that I hid this guy in the jury room. I didn’t. I didn’t do anything that they are saying," Dugan said in the police video. "What I’m worried about is just the wackos that will believe this story, which is not true. I am not being investigated by the feds. The FBI was not there. ICE was there."
SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News
The federal complaint against Dugan said FBI and ICE agents were outside her courtroom. They said they planned to arrest Eduardo Flores-Ruiz, who was in state court for charges of domestic abuse. Federal prosecutors said she brought him through a non-public jury door.
Judge Hannah Dugan, second from left. Sketch courtesy L.D. Chukman.
"I did not hide this migrant in the jury room or in my chambers. I had him leave out the back door, which I do when the circumstances warrant it," Dugan said. "These are the circumstances that warrant it: I had a room of 30 people, and I just sent him out the door with the public defender."
Motion to dismiss
Dig deeper:
A day after Dugan was indicted, her attorneys filed a motion to dismiss the case – claiming she has judicial immunity and the prosecution violates the 10th Amendment.
Dugan's defense argued that judicial immunity means she's protected from prosecution for her official actions as a judge. But the federal government said that immunity only applies to civil lawsuits and does not shield judges from criminal prosecution.
Federal Judge Lynne Adelman on Aug. 26 ruled against Dugan's motion to dismiss. In his decision, he stated history reveals the federal government has the better argument over Dugan on the question of immunity.
In a scheduling hearing on Sept. 3, Dugan's defense attorney Steven Biskupic said he would not appeal the judge's rejection of the motion to dismiss, as long that would not preclude him from bringing up the argument during the trial.
Milwaukee County Judge Dugan headed to trial, dismiss motion denied
Milwaukee County Judge Hannah Dugan, accused of helping a man evade federal immigration agents at the courthouse earlier this year, will go to trial.
The Source: FOX6 News referenced information from the U.S. District Court for the Eastern District of Wisconsin and prior coverage of the Dugan case for this story. Some information is from The Associated Press.