MADISON, Wisconsin, USA — A federal judge determined Wednesday that the trial of a Wisconsin judge accused of illegally helping an immigrant evade federal agents will go ahead as planned next month, putting to rest speculation about a possible plea deal.
U.S. District Judge Lynn Adelman told prosecutors and attorneys representing Milwaukee County Circuit Judge Hannah Dugan during a hearing to assume the trial will begin Dec. 11 with jury selection as planned.
Federal prosecutors charged Dugan in April with obstruction and concealing an individual to avoid arrest. According to court documents, Dugan was scheduled to hear a state assault case in April against Eduardo Flores Ruiz, a 31-year-old immigrant who was in the country illegally. Federal agents learned he was scheduled to appear in their courtroom and traveled to the Milwaukee County Courthouse to arrest him.
Dugan learned that officers were outside his courtroom and led Flores Ruiz through a private door, documents state. He managed to leave the courthouse, but officers caught him after a foot chase. The Department of Homeland Security announced this month that he has been deported.
Dugan faces six years in prison if convicted of the obstruction and concealment charges. U.S. Attorney Brad Schimel said last week that plea negotiations were underway, but that Dugan was not interested in a deal.
Her defense team insists the judge is innocent and is preparing for trial, arguing that she was acting in her official capacity as a judge when she led Flores Ruiz out of her courtroom. Still, Schimel’s comments raised questions about what might happen next in the case.
No member of Schimel’s office or Dugan’s attorneys mentioned the possibility of a settlement during Wednesday’s hearing, the last scheduled before the trial. Instead, they focused on the logistics of jury selection and trial procedure.
Steven Biskupic, Dugan’s lead attorney, told Adelman that both sides have already eliminated 34 potential jurors based on responses to a questionnaire they submitted assessing their political biases. The parties said they may need two days to select jurors from the pool of about 90 remaining prospects.
Dugan’s accusation has intensified the confrontation between President Donald Trump’s administration and local authorities over the Republican’s extensive rollout of anti-immigration measures.
Democrats accuse the Trump administration of trying to curb judicial opposition to such measures by making an example of Dugan. The administration has vilified the judge on social media, posting photos of her being led out of the courthouse in handcuffs and labeling her an activist judge.
Biskupic said he wants each potential juror to answer another questionnaire about their biases as they enter the courtroom on selection days, noting that publicity about the case continues. Adelman agreed.
Assistant U.S. Attorney Richard Frohling told Adelman that the government plans to call between 25 and 28 witnesses, including federal immigration agents and witnesses who saw what happened in Dugan’s courtroom and at the courthouse. Biskupic told the judge that the government also plans to present about a half-hour of recordings made in the judge’s courtroom.
The government’s presentation of arguments will take at least four days, Frohling said. Biskupic did not offer details about his witnesses or the possible length of his part of the case.
Prosecutors and defense attorneys did not speak to reporters as they left the hearing. Dugan attended the proceedings, but said nothing. He also left without speaking to reporters.
