Dugan resigns following felony conviction

Milwaukee County circuit judge Hannah Dugan stepped down from the bench this past week after being convicted of a felony for obstructing federal agents and before Republican legislative leaders could follow through on their threat to impeach her.

Dugan’s conviction and immediate resignation followed her arrest last year for interfering with Immigration and Customs Enforcement (ICE) agents as they attempted to arrest an illegal immigrant, Eduardo Flores-Ruiz, at the Milwaukee County courthouse. Flores-Ruiz has since been deported.

Dugan resigned in a January 3 letter to Governor Tony Evers, arguing that her prosecution threatens judicial independence and lamenting that her continued service would entangle the courts in partisan conflict.

“For the past nine years of service, it has been the honor of my life and a daily blessing to be entrusted by Wisconsinites as their elected judge; to fairly administer justice to the thousands of people who have come before me, uphold our laws and the Constitution, and keep our community safe,” Dugan wrote.

Dugan described both her work on the bench and her broader engagement with the community.

“Behind the bench I have presided over thousands and thousands of cases — with a commitment to treat all persons with dignity and respect, to act justly, deliberatively, and consistently, and to maintain a courtroom with the decorum and safety the public deserves,” she wrote. “Beyond the bench I have attended hundreds and hundreds of community events, listening to Milwaukee County residents voice their justice system experiences and concerns — as jurors, witnesses, litigants, victims, and justice-impacted citizens who care about our courts.”

Dugan said her decision to resign was driven by the legal uncertainty surrounding her conviction and by the prospect of an impeachment battle at the Capitol. Her letter also confirmed that she plans to fight her conviction, but said stepping down was necessary to prevent the court from becoming the focus of a political fight.

“As you know, I am the subject of unprecedented federal legal proceedings, which are far from concluded but which present immense and complex challenges that threaten the independence of our judiciary,” she wrote. “I am pursuing this fight for myself and for our independent judiciary.”

However, Dugan continued, Wisconsin citizens deserve to start the year with a judge on the bench in Milwaukee County Branch 31 rather than have the fate of that court rest in a partisan fight in the state legislature.

“Therefore, Governor, with a heavy heart, I submit to you this letter of resignation and respectfully request that you give it immediate effect,” she wrote. “My faith in God and in our legal system leads me to trust that in the long run justice will be served for our independent judiciary and for me.”

Quickly a former judge

Dugan’s resignation comes weeks after a federal jury convicted her of felony obstruction stemming from an April incident involving ICE agents.

A federal jury found Dugan guilty of one count of felony obstruction after an incident in which she directed federal agents to the county chief judge’s office while telling Flores-Ruiz and his attorney to exit the courtroom via a private hallway. The misdirection led to a foot chase in the streets before an agent wrestled Flores-Ruiz to the ground.

The jury acquitted Dugan on a separate misdemeanor charge of concealing a person from arrest. The felony conviction carries a potential penalty of up to five years in prison. No sentencing hearing has yet been scheduled.

Following the verdict, then-interim U.S. Attorney Brad Schimel urged the public to respond calmly and emphasized that the case centered on accountability.

“This was a serious matter for which it was necessary to seek to hold judge Dugan accountable,” Schimel said following the verdict. “We have all heard the phrase, ‘no one is above the law.’ It is apt in this case. A judge holds a high position of public trust, and judge Dugan’s actions violated that trust.  Her own recorded words demonstrate that she knew what she was doing was wrong.”

Schimel also said Dugan’s actions created unnecessary risk.

“The defendant’s actions provided an opportunity for a wanted subject to flee outside the courthouse, which led to a dangerous foot chase through automobile traffic and eventually to an agent taking the subject to the ground, which is always hazardous for both the officer and the suspect,” he said. “There was certainly the potential for many other dangers, as well. Thankfully, no one was injured.”

The conviction prompted immediate condemnation from Republican legislative leaders, who warned that impeachment proceedings would begin if Dugan did not resign.

Assembly speaker Robin Vos (R-Rochester) and Assembly majority leader Tyler August (R-Walworth) said 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,” Vos and August said in a joint statement after the verdict. “ … If judge Dugan does not resign from her office immediately, the Assembly will begin impeachment proceedings.”

A judge has not been impeached in Wisconsin since 1853.

According to state statute, a vacancy is created when an officeholder is convicted and sentenced for a felony or other crime punishable by imprisonment of one year or more, though reversal of a conviction can restore an officeholder’s position if the term has not expired.

Evers’s office confirmed to WisPolitics that it received the resignation letter; a spokesperson said the governor would soon fill the vacancy.

The case has also drawn national attention. Immigrant-advocacy groups have condemned the prosecution, calling it politically motivated.

Voces de la Frontera argued after the verdict that the prosecution criminalized actions taken to protect the integrity of the court and the rights of individuals appearing before a judge.

“This case is not about one judge,” the group said. “It is about the normalization of ICE operating in courthouses and the expansion of immigration enforcement into spaces meant to guarantee fairness, safety, and access to justice. By validating this prosecution, the verdict blurs the line between the courts and executive enforcement power, signaling that the law will be enforced aggressively against immigrants and those who dare to defend their rights, while the privileged and powerful continue to evade accountability.” 

Republican officials say the conviction is a simple matter of enforcing the law. Schimel specifically said law enforcement officers were carrying out their sworn responsibility to execute an arrest warrant. 

“Whenever they perform their duties, they should reasonably be entitled to do so in the safest possible conditions,” he said. “When someone, especially a sworn public official, puts them in unnecessary danger by obstructing those efforts to make an arrest as safely as possible, they must be held accountable.”

Dugan’s legal team has been gearing up for an appeal, based at least in part on the split verdict and what they say is the inconsistency of convicting Dugan for felony obstruction and then acquitting her of a misdemeanor charge of concealing an individual from arrest.

With her resignation now effective, Milwaukee County Branch 31 will remain vacant until a replacement is appointed.

Richard Moore is the author of “Dark State” and may be reached at richardd3d.substack.com.