Ex-Judge Dugan loses bid to overturn conviction

The former Milwaukee County judge's legal team quickly responded: "The court's decision is wrong."

Judge Dugan leaves federal court in May 2025. (Photo by Scott Olson/Getty Images)

Former Milwaukee County Judge Hannah Dugan lost her attempt to overturn her felony conviction on the trial court level on Tuesday.

Dugan’s legal team released a terse statement about the ruling.

“The court’s decision is wrong,” the statement reads in its entirety.

A little more than a year ago, then-sitting Judge Dugan was arrested for obstructing the arrest of undocumented immigrant Eduardo Flores-Ruiz, a criminal defendant in her courtroom. Dugan ushered Flores-Ruiz into a hidden hallway, as federal agents waited outside the courtroom to arrest him. Dugan resigned from her position after a jury returned a mixed verdict, convicting her on the more serious count.

In a 32-page decision and order, U.S. District Judge Lynn Adelman rejected Dugan’s argument that a change in appellate precedent had invalidated the government’s legal theory behind that charge.

In the Fourth Circuit’s Hernandez decision, the majority of a three-judge panel reversed the obstruction conviction of an undocumented immigrant who escaped from custody. Dugan’s defense argued that Hernandez was a “case of first impression” finding that an ICE arrest does not count as a “proceeding” under the obstruction statute.

But Judge Adelman noted that precedent wasn’t binding upon him because Wisconsin sits within the Seventh Circuit.

“Perhaps the Seventh Circuit will pare back its obstruction caselaw based on the authorities defendant cites, but it is not for this court to anticipate such a change,” Adelman wrote.

Dugan’s lead attorney Steven Biskupic noted that ICE agents arrest people every day, and imposing such a broad definition of “proceeding” puts the threat of a five-year felony sentence over potentially millions of people interacting with them.

“Given the estimated 10 million undocumented persons in the United States, does that mean there are 10 million pending proceedings?” Adelman asked. “Defendant insists that there needs to be some formality, i.e., a proceeding before an agency involving parties trying to come to a determination, an adjudication.”

“The problem for the defense is that this case did not involve some random encounter on the street,” he continued. “It was a targeted operation, conducted pursuant to agency procedures, including the issuance of an arrest warrant for a specific person, Eduardo Flores-Ruiz. After the arrest of Flores-Ruiz, ICE followed its procedures for reinstatement of the previous order of removal, determining that he should be removed from the country.”

The judge’s order does not set a date for sentencing.

Dugan’s case received nationwide attention and public outrage as the Trump administration ratchets up immigration enforcement inside state and local courthouses. Trial evidence showed that other Milwaukee County judges, including Chief Judge Carl Ashley, feared that the policy would chill access to justice for immigrants who are victims of crimes.

Read the ruling here.