Former Judge Hannah Dugan to be sentenced Wednesday in federal obstruction case
Courtesy: Milwaukee County MILWAUKEE (CBS 58) -- On Wednesday, July 8, former Milwaukee County judge Hannah Dugan will be sentenced in her felony obstruction case.
Dugan was convicted last December of keeping federal agents from making an immigration arrest outside her county courtroom.
The US Government is pushing for a strong sentence, but legal experts say it's unlikely Dugan will spend time behind bars.
Dugan is expected to speak at the sentencing hearing, marking her first public comments since the incident last April.
The federal judge will weigh several factors before handing down the sentence, including her history, character, and the severity of the offense.
Justin Padway, an attorney with Padway & Padway, told us, "Anytime your freedom, the thing we value the most in the world, is in jeopardy. Here, she faces five years. The prosecution wants 16 to 21 months, that's concerning."
Dugan could be sentenced to the maximum five years in prison, she could get no days in prison, or anything in between.
Dugan's public arrest and subsequent trial contributed to a volatile political debate over national immigration policy.
The US Government is pushing for the 15 to 21 months in prison recommended by federal sentencing guidelines.
The government wrote in a court filing Dugan's conviction warrants a "serious sentence" to reaffirm "no one is above the law".
"Anything less", the assistant US Attorney wrote, "risks sending the opposite message".
Padway said, "Frankly, it rubs me the wrong way. I think she's being treated differently. This is a person that should be treated based on her body of work, not her position at the time of the offense."
Padway argues the government is trying to unfairly make an example of Dugan. But he says her history of helping others, lack of a criminal record, and resignation from the bench work in her favor.
Federal Judge Lynn Adelman is not bound by any guidelines and can sentence at his discretion.
On Wednesday, each side will present its case.
Dugan's legal team is asking for a sentence of time already served.
Padway said they'll work to convince the judge of her good character.
Her team pointed to "no prior criminal record", "the offense was isolated and unique", and "there is no possibility of her repeating it".
More than 20 people submitted letters on Dugan's behalf, describing her as "inspiring", "caring, thoughtful, and modest", "always willing to help", and "a selfless contributor to the public good".
And Dugan is expected to directly address the court for the first time.
Padway said, "I think it has a massive impact. She can express remorse. She can express some form of background as to her decision making at that point and time."
While Padway thinks it's highly unlikely Judge Adelman will sentence Dugan to prison, nothing is for certain.
Padway said, "We prepare our clients the best we can with our experience. And you can't make any promises, but in this specific case, I don't believe she'll serve time for this offense."
The sentencing hearing is scheduled to begin at 11:15 am at the federal courthouse in downtown Milwaukee.
Regardless of the sentence that is handed down, Dugan's team has indicated they plan to appeal.