Weighing the consequences of Judge Dugan’s arrest

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Much as I would prefer any other topic for my column this month, the arrest of Judge Hannah Dugan was the biggest story in local law in, well, forever.

In the event you’ve been living under a rock, Milwaukee County Circuit Court Judge Hannah Dugan was arrested April 25 at the courthouse on charges of helping a defendant, Eduardo Flores-Ruiz, who had a case in her courtroom, evade immigration authorities who had a warrant for his arrest.

A week later, six FBI agents showed up at the courthouse, placed Judge Dugan in handcuffs and arrested her. Apparently, they feared that she was either violent or a flight risk, and it’s difficult to decide which of those fears is more absurd.

My hesitation in writing about this arrest is based on three factors. First, it seems everyone has already stated their position, and I doubt I have anything new to add.

Second, I’ve been friends with Judge Dugan for many years. There’s probably no judge (and maybe no lawyer) with whom I have disagreed with more on numerous issues over the years. There’s also probably no judge (and maybe no lawyer) whom I respect more.

Finally, while I like suggesting solutions to issues or problems in my columns, there is no good one apparent to me in this instance. Rather, everyone was wrong and it’s impossible for me to see any good arising from the situation. Sigh.

Comments on Judge Dugan’s conduct on April 18 have run the gamut of comparing her case to the rescue of escaped slave Joshua Glover in 1854 (“Judge Dugan’s arrest echoes an infamous case 170 years ago of federal overreach”), to accusing her of malfeasance (“Judge Dugan neglected duty, interfered with ICE, and undermined rule of law”) – both of those stories appeared in the Milwaukee Journal Sentinel on May 11, 2025. Both extremes are ludicrous.

At the worst, Judge Dugan allowed Flores-Ruiz to avoid capture for a few minutes as he was apprehended outside the courthouse shortly after the courtroom incident. Were those few minutes really valuable? And even if so, did Judge Dugan’s actions really warrant such a show of force by the FBI – or an indictment by the U.S. Attorney’s Office? Don’t they have anything better to do?

My guess is that Judge Dugan feels some degree of accomplishment that Flores-Ruiz wasn’t arrested in the courthouse. But it’s difficult to see what substantive difference that makes. Either way, he ends up in custody.

Judge Dugan’s arrest was a good show and politics is all about putting on a show, but our legal system should transcend show and politics. Instead, the net effect is that Flores-Ruiz was still arrested, and the public is deprived of the services of an excellent judge for at least a while and maybe permanently. Given the volume of cases in our courts, even with a reserve judge handling the calendar, the effect is not a positive one for the swift administration of justice. And whatever happens in Judge Dugan’s case, the legal system is taking another beating in public perception.

So, the net effect is losses all around. As my dear, late mother used to say: “It takes an awfully ill wind not to blow some good.”