The Wisconsin Supreme Court suspended a judge accused of helping a man evade immigration authorities, saying Tuesday that it is in the public interest to relieve her of her duties as she faces two federal charges.
The FBI took Milwaukee County Circuit Judge Hannah Dugan into custody Friday morning at the county courthouse. She has been charged with concealing an individual to prevent his discovery and arrest and obstructing or impeding a proceeding.
In its two-page order, the court said it was acting to protect public confidence in Wisconsin courts during the criminal proceedings against Dugan. The order noted that the court was acting on its own initiative and was not responding to a request from anyone. Liberal justices control the court 4-3.
“It is ordered … that Milwaukee County Circuit Judge Hannah C. Dugan is temporarily prohibited from exercising the powers of a circuit court judge in the state of Wisconsin, effective the date of this order and until further order of the court,” the justices wrote.
In a statement, Dugan’s legal team said it was disappointed “that the Court acted in unilateral fashion. We continue to assert Judge Dugan’s innocence and look forward to her vindication in court.”
A state court spokesperson said that a reserve judge began filling in for Dugan on Monday for an indefinite period.
Dugan is accused of escorting Eduardo Flores-Ruiz and his lawyer from her court through the jury door last week after learning that U.S. Immigration and Customs Enforcement agents were in the building and seeking his arrest. Flores-Ruiz, who court documents say illegally reentered the U.S. after being deported in 2013, was taken into custody outside after a foot chase.
Court documents suggest Dugan was alerted to the agents’ presence by her clerk, who was informed by an attorney that they appeared to be in the hallway.
An FBI affidavit says Dugan was “visibly angry” over the agents’ arrival and called the situation “absurd” before leaving the bench and retreating to her chambers. It says she and another judge later approached members of the arrest team inside the courthouse with what witnesses described as a “confrontational, angry demeanor.”
After a back-and-forth with officers over the warrant for Flores-Ruiz, Dugan demanded they speak with the chief judge and led them away from the courtroom, the affidavit says.
After directing the agents to the chief judge’s office, investigators say, Dugan returned to the courtroom and was heard saying words to the effect of “wait, come with me” before ushering Flores-Ruiz and his lawyer through the jury door into a nonpublic area.
The action was unusual, the affidavit says, because “only deputies, juries, court staff, and in-custody defendants being escorted by deputies used the back jury door. Defense attorneys and defendants who were not in custody never used the jury door.”
Dugan’s arrests has sparked outrage among Democrats, who have accused the Trump administration of trying to chill the judiciary. Demonstrators gathered outside the FBI’s Milwaukee field office Saturday to protest her arrest.
She is set to appear in court for arraignment May 15.
Her attorneys include Craig Mastantuono; Paul Clement, a prominent conservative lawyer; and Steve Biskupic, a former U.S. attorney for the Eastern District of Wisconsin who was appointed by President George W. Bush.