Milwaukee County Judge Hannah Dugan case; trial will proceed as planned
Milwaukee County Judge Hannah Dugan case; trial will proceed as planned
Milwaukee County Judge Hannah Dugan appeared for a final pre-trial hearing on Wednesday, Nov. 26.
MILWAUKEE - Milwaukee County Judge Hannah Dugan appeared for a final pre-trial hearing on Wednesday, Nov. 26.
Final pre-trial hearing
What we know:
Dugan is accused of helping an undocumented man evade federal agents inside the Milwaukee County Courthouse in April.
Milwaukee County Circuit Court Judge Hannah Dugan leaves federal court
A federal judge said Wednesday the trial will go on as planned next month, brushing past talk of a possible plea agreement.
U.S. District Judge Lynn Adelman told prosecutors and attorneys representing Dugan during a hearing to assume the trial will begin as planned on Dec. 11 with jury selection.
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Attorneys discussed jury selection, witnesses and evidence during the hearing, which wrapped up with courtroom logistics for the weeks ahead.
Judge Hannah Dugan, second from left. Sketch courtesy L.D. Chukman.
There were up to 128 potential jurors identified for the case. Both sides agreed to strike 34 of them based on questionnaire responses.
Prosecutors say they plan to call between 25 and 28 witnesses, including federal agents and others who were inside the courthouse and courtroom when Dugan allegedly helped Eduardo Flores-Ruiz avoid being taken into custody.
The defense requested a copy of the full witness list.
Prosecutors also addressed potential evidence, saying they intend to introduce about 35 minutes of courtroom audio recordings. Defense attorneys objected to the use of any recordings in which Dugan is not present.
The trial is scheduled to begin Dec. 15.
Case details
The backstory:
A federal grand jury indicted Dugan, and she pleaded not guilty, in May.
Video shows Milwaukee County Judge Hannah Dugan speaking to men on April 18, the day immigration agents arrived at the courthouse to arrest an undocumented man (Courtesy: Milwaukee County)
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.
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.
Eduardo Flores-Ruiz
Agents later arrested Flores-Ruiz outside the courthouse after a brief foot chase.
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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.
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.
The Source: Information in this post was produced by FOX6 News using previous coverage and help from The Associated Press.