Chief judge of Dugan's court sharply criticized courthouse ICE arrests
Prosecutors called Judge Ashley to bolster their argument that Dugan flouted court policy. The jury heard more on cross-ex.
This story is part of ongoing All Rise News live coverage of Judge Dugan’s trial in Milwaukee.
The day after a fellow judge in Hannah Dugan’s courthouse delivered damaging testimony against her, Milwaukee County Circuit Court Chief Judge Carl Ashley took the stand to lay out the draft policies for dealing with immigration enforcement.
Before Ashley’s testimony, Judge Kristela Cervera testified against Dugan on Tuesday. Ashley’s time on the witness stand wasn’t nearly as adversarial, and bolstered the defense case in significant respects.
Prosecutors claim that the emails and draft show Dugan exceeding her authority as a state court judge, but jurors also heard Ashley’s scathing criticism about how Immigration and Customs Enforcement operations can “significantly damage the integrity of the court system.”
“The presence of ICE agents can deter individuals, particularly immigrants and marginalized communities, from attending court hearings, seeking legal assistance, or reporting crimes,” Ashley wrote in a press release on April 6. “This undermines the fundamental right to access the courts and seek legal remedies.”
The press release lists three harms to the state judiciary: “Chilling Effect on Access to Justice,” “Erosion of Trust in the Judicial System,” and “Confusion over Legal Protections.”
“When individuals perceive courthouses as unsafe due to the fear of detention, trust in the judicial system erodes,” Ashley wrote. “This can lead to a reluctance to engage with law enforcement, legal representation, and the courts, ultimately hindering the administration of justice.”
Dugan’s lead attorney Steven Biskupic posed a series of questions to the chief judge about the language.
Asked whether he wanted the public and other judges to know his views, Ashley replied: “I did.”
“Is everything you wrote something you believed?” Biskupic asked.
“Yes,” he affirmed.
Later that month, a six-member team went to the 6th floor hallway of Milwaukee County Circuit Court to arrest Eduardo Flores-Ruiz, a defendant before Judge Dugan. Prosecutors argue that Ashley’s guidance should have informed Dugan that the administrative warrant that they had for Flores-Ruiz’s arrest was sufficient, and they had full authority to arrest the defendant in public areas.
Asked about his view of the law, Ashley replied: “I don’t believe that I was able to stop anything in a public hallway.”
On cross-examination, however, Biskupic showed that Ashley specifically struck language used by San Francisco’s model explicitly allowing hallway arrest.
The language that Ashley declined to use for Milwaukee County Circuit Court read: “Immigration enforcement agents are allowed to conduct their operations in the Court’s Public Areas.”
Dugan is charged with felony obstruction and concealing an individual facing arrest.
Read Chief Judge Ashley’s April 6 press release here.
It appears to this totally lay follower that Justice Ashley fumbled a very slippery challenge. What are possible outcomes for Judge Dugan if the case does not go her way?
Thanks, Adam. Have the court sessions been a full day?