Dugan appeal could stretch into 2027

Former Milwaukee County Circuit Judge Hannah Dugan didn’t get prison time for obstructing U.S. Immigration and Customs Enforcement officers, but she isn’t giving up her fight against her conviction.

In fact, it is just entering a new phase.

At her sentencing July 8, U.S. District Judge Lynn Adelman slapped Dugan with a $5,000 fine but did not give her any prison time or probation.

The maximum sentence was five years, with federal sentencing guidelines calling for 15 to 20 months in prison. Adelman, however, is not bound by those guidelines, and he often goes below the recommendation.

After the sentencing, Dugan’s attorneys said they look foward to taking the case to the 7th Circuit Court of Appeals.

Appeals of federal criminal convictions take months and can stretch out for years.

Dugan’s team must first file a notice of appeal, due in a couple of weeks.

Once the case is docketed, briefing will follow. The defense will file its briefing first, laying out the reasons they think the case should be overturned. Prosecutors will respond on why they think the conviction should stand.

Both typically get at least a month and often more time to file, meaning briefing alone will likely not be done until sometime in the fall.

Oral arguments before the 7th U.S. Circuit Court of Appeals will follow. That could take several months to get scheduled after briefings are done. Following the oral arguments, a written ruling will follow.

Adding all that up, and the Dugan appeal will likely stretch well into 2027.

Dugan’s lawyers will likley advance arguments they have made since the indictment.

They contended the case should be dismissed on several grounds, including that Dugan had judicial immunity and that the obstruction statute was incorrectly applied.

They also may go after Adelman’s jury instructions as being wrong.

“We look forward to presenting the arguments that we think were right all along,” Jason Luczak, one of Dugan’s attorneys, said after the July 8 sentencing. “I think the appellate process will play out and we will be successful.”

Paul Clement, a Wisconsin native and former U.S. Solicitor General, is expected to handle the appeal.

Clement has been on the case since the beginning but has not appeared in court. However, the plan was always that if Dugan were convicted, Clement would take a central role at the appeals court and the U.S. Supreme Court, if the case goes that far.

The case is the first of its kind to go to trial. A Massachusetts judge was charged with obstructing ICE agents during the first Trump administration, but the charges were dismissed during the Biden administration.

As a convicted felon, Dugan cannot hold public office. She resigned from her position earlier this year.

She will not lose her state pension because of her conviction.

Dugan, 67, also cannot vote or own a gun.

Dugan was not given any probation, which would have required her to report to a probation agent for a period of time.

Adelman levied a $5,000 fine on Dugan, which the former judge had to pay on the day of the sentencing.