Dugan attorneys argue new appeals court decision should overturn conviction

Attorneys squared off in federal court again Wednesday over the fate of former Milwaukee judge Hannah Dugan, who was convicted of obstructing immigration agents when they went to her courtroom to arrest a man last year. What was initially set to be a sentencing hearing for Dugan was postponed, replaced by oral arguments on a motion from Dugan’s attorneys to overturn her conviction.

A  jury found Dugan had obstructed a “proceeding” when she allowed a man living in the U.S. without legal documentation and his attorney to exit out of the courtroom into a non-public hallway. Prosecutors argued her action was to avoid immigration agents who waited in the hallway. 

Dugan’s attorneys argued that a recent appeals court ruling held that federal immigration enforcement actions are not “pending proceedings.” As a result, the attorneys argued Wednesday, improper instructions were given to the jury by U.S. District Judge Lynn Adelman during the high-profile trial in December. 

Prosecutors countered that the jury instructions were correct, and that the case Dugan’s lawyers cited does not apply to Dugan. 

Adelman now must consider whether to rely on the original guilty verdict, or to overturn the jury’s decision. Adelman denied the defense’s request for a new trial or for Dugan to be acquitted in April, WPR reported.