Former Milwaukee Judge Hannah Dugan Gets Fine, No Prison for Obstructing ICE

Former Milwaukee County Circuit Judge Hannah Dugan received a $5,000 fine, but got no prison time or probation after she was convicted of obstructing U.S. Immigration and Customs Enforcement officers who were trying to make an arrest outside her courtroom.

U.S. District Judge Lynn Adelman said prison and probation were unnecessary, noting Dugan has lived a life of public service and is not at risk of re-offending.

“This is the case of a good person, upset by immigration enforcement in this country, a sentiment widely shared, making a bad decision in the moment,” said Adelman.

He said his sentence was fitting for “a few minutes of conduct” by a person who has dedicated her life to helping the poor.

Adelman, a former Democratic state lawmaker who was nominated by former President Bill Clinton, noted Dugan has suffered many consequences, including losing her job, having to move and withdrawing from public life, which amounts to “significant punishment” regardless of his sentence.

{snip}

The former judge said she was trying to do the right thing on the day ICE officers were outside her courtroom. At that time, people were afraid to come to court for fear of encountering immigration agents, she said.

“I have been cast as both a scofflaw and a hero. I am neither. I am just a person who was trying to do my job,” Dugan said, at one time getting choked up as she spoke to Adelman.

Dugan, 67, did not apologize for her actions, but said she takes the conviction seriously, adding that she came to court with a “heavy heart.”

{snip}

The team will appeal Dugan’s conviction, Luczak said, advancing “arguments that we think were right all along.”

{snip}

In court, Executive Assistant U.S. Attorney Richard Frohling agreed Dugan has led a life of service and received consequences, but the veteran federal prosecutor noted she and her legal team have taken no responsibility for her actions.

Frohling said the defense has continued to justify Dugan’s conduct as reasonable or blamed others.

{snip}

Under the federal sentencing guidelines, the pre-sentence report called for 15 to 20 months behind bars. The maximum sentence was five years in prison.

Prosecutors had noted that the average sentence for obstruction cases is 16 months, but didn’t recommend a sentence, saying, “This was a serious offense, and it warrants a correspondingly serious sentence.”

{snip}

A jury found Dugan guilty of obstructing a federal immigration proceeding, a felony, and not guilty of a misdemeanor charge of concealing a fugitive whom ICE agents were seeking to arrest, in December.

{snip}