How Judge Dugan's arrest, suspension differs from other judicial misconduct charges

MADISON, Wis. (CBS 58) -- This week marked the second time in recent years a Milwaukee County judge was suspended by justices on the Wisconsin Supreme Court.

On Thursday, the state's high court temporarily banned Milwaukee County Judge Hannah Dugan from her judicial duties after the FBI arrested her on Friday for allegedly helping an undocumented immigrant evade arrest.

The last time the court acted on its own to suspend a judge after an arrest was in 2021. Then-Milwaukee County Judge Brett Blomme was temporarily prohibited from his judicial powers, without pay, after the state charged him with possession of child pornography.

Blomme is currently serving a nine-year prison sentence after being indicted by a federal grand jury and pleading guilty.

While suspending judges is not uncommon, legal experts say the circumstances surrounding Dugan's case are noteworthy.

"This is a different case in that it seems likely the judge was motivated by a political motive," said Howard Schweber, professor emeritus of political science at the University of Wisconsin-Madison. "In the past, we've seen cases involving judges that were more personal miscount."

Dugan's case centers around a key political issue: immigration.

The state's high court also acted before a criminal conviction when the case centers around criminal misconduct, which Schweber said, "makes it all more complicated."

Her suspension was unanimous by the court, where liberals hold a 4-3 majority.

"It's not coming from President Trump or conservatives, it's coming from all justices on the court, and I think this has much more to do with the court's view of maintaining the integrity and operations of the judicial system," said Schweber.

In a criminal complaint, witnesses described Dugan as “visibly upset” when federal immigration officers were waiting outside her courtroom on April 18 to arrest Eduardo Flores Ruiz, an undocumented immigrant facing battery charges.

Dugan's case will face a federal grand jury soon. She'll keep getting paid her nearly $175,000 salary while on suspension. If convicted, justices are likely to take the next step to withhold her pay, Schweber predicted.

Republicans and Democrats are also closely monitoring Dugan's arrest, as impeachmentcould be on the table if her charges are upheld.

"However this may come out, this might spur us to act," said Rep. Dan Knodl, a Republican from Germantown.

Sen. LaTonya Johnson (D-Milwaukee) said if impeachment proceedings occur, "that definitely wouldn't have my vote."

"I don't think we should be impeaching anybody before the process is over," she added.

Hours after Dugan's arrest, Assembly Republicans suggested they may act to remove her if her case "results in a conviction."