As you probably know by now, Judge Hannah Dugan has been found guilty of a felony obstruction but not guilty of concealing an immigrant from federal agents.
Grassroots North Shore as well as a group of local and statewide nonprofits and progressive organizations have signed a statement put out by the Wisconsin Democracy Campaign a press release and posted on its website. It says in part:
Let’s be clear: Everyone in Wisconsin, regardless of immigration status, deserves access to justice without fear, violence, or intimidation. While this outcome is deeply concerning, it does not change our commitment to defending the rule of law and judicial independence. . . .
Moments like this test the limits of our democracy. But they also remind us why the rule of law, independent courts, and courageous public servants matter so much. We remain committed to defending those values, standing with judges who uphold them, and working toward a justice system that is fair, humane, and worthy of the public’s trust.
To understand more about the case, Ruth Conniff's commentary — Making sense of the trial and felony conviction of a Milwaukee judge who stood up to ICE — in today's Wisconsin Examiner focuses on the prosecution's argument that Dugan interfered by letting Eduardo Flores-Ruiz, the defendant, leave the courthouse. So the agents ultimately had to arrest Flores-Ruiz on the street outside making the agents less "safe." "The federal agents called to the stand, the prosecutors in the courtroom, and Schimel [the Acting US Attorney], in his summary of the case, made a big point about the 'safety' of law enforcement officers. Repeatedly, we heard that immigration agents prefer to make arrests inside courthouses because they provide a 'safe' environment in which to operate."
Conniff concludes: "The real questions raised by Dugan’s case are whether we believe the 'safety' of the agents making those dubious arrests matters more than the safety of our communities, and whether we want the courts to be able to regulate the conduct in their own courthouses as a check on the government’s exercise of raw power."
For an explanation of the legal issues, Adam Klasfeld and Harry Litman, both legal scholars, discuss what happened and what comes next. One issue that might emerge from an appeal is "materiality," meaning that nothing Judge Dugan did materially affected the outcome: Flores-Ruiz exited Judge Dugan's courtroom through a door primarily used by juries but it led to the public hallway where the federal agents were waiting. Presumably they could have arrested him in the public hallway. One of them even accompanied the immigrant to the ground floor and presumably could have detained him before he left the courthouse! Subsequently Flores-Ruiz was arrested on the street outside the courthouse. So no harm, no foul? The discussion between Klasfeld and Litman is about 22 minutes long.
There is a legal defense fund for her. Former Wisconsin Supreme Court Justice Janine P. Geske oversees and serves as trustee of the fund. Because the case involves a sitting judge, there are strict rules on who can contribute. The gist of the rules are as follows:
- if you are not a registered lobbyist,
- you are not a Milwaukee County resident,
- or you do not have any business before the Milwaukee County Circuit Court system,
you are probably eligible to contribute as are your friends, family, and like-minded co-workers. Any amount you can give or can solicit from others will be appreciated. Contribute online through Stripe (rather than ActBlue) or write a check payable to “Hannah Dugan Legal Defense Fund” and send to:
Hannah Dugan Legal Defense Fund
1345 N Jefferson St., #172
Milwaukee, WI 53202
In solidarity,
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www.grassrootsnorthshore.com
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