Lawyers haggle over potential jurors for Judge Hannah Dugan’s trial

Reporter John Diedrich discusses Milwaukee Judge Hannah Dugan obstruction case
Milwaukee Journal Sentinel reporter John Diedrich spoke to TMJ4 about Milwaukee Judge Hannah Dugan, who is standing trial in December on charges of obstructing immigration agents.
WTMJ-TV
- Milwaukee County Judge Hannah Dugan is facing federal charges for allegedly obstructing agents trying to arrest an undocumented immigrant.
- Jury selection for the high-profile case has begun, with both sides reviewing questionnaires from a larger-than-usual pool of potential jurors.
- The trial is scheduled to begin on December 15 and is expected to last five days.
- Dugan has pleaded not guilty and is currently suspended with pay from her judicial position.
Jockeying over potential jurors who will hear the high-profile federal case against Milwaukee County Judge Hannah Dugan has begun.
Dugan, 66, is charged with obstructing federal agents seeking to arrest an undocumented Mexican immigrant who was appearing before her on a state battery charge.
Juror questionnaires were mailed in September, and as of this week, 114 of 120 were returned, U.S. District Judge Lynn Adelman announced at a Nov. 6 hearing.
The questionnaires are a way to weed out people with conflicts and also to provide a head start in picking a jury, which can be a laborious but vitally important part of the trial.
Jury selection is scheduled for Dec. 11 and 12, with the trial scheduled to start Dec. 15 and run five days.
With massive publicity around the Dugan case, all sides agreed that seeking a larger-than-usual juror pool was warranted. Because it is a federal case, jurors could come from 12 counties in the southern and eastern part of Wisconsin.
Both sides have reviewed the 114 responses and both identified 34 people they think should be struck. But they don’t know if they have flagged the same 34 people, or if there is any overlap at all.
For that reason, defense attorney Steven Biskupic asked that questionnaires be sent out to 50 additional people. Adelman issued an order directing the clerk to send those questionnaires out.
Next week, Adelman will see how much of an overlap there is on who should be booted from the pool.
There will be 12 jurors who will deliberate in the case, with typically two or three alternates. Acting U.S. Attorney Richard Frohling said they would need 32 to 35 potential jurors in the pool to get 14 or 15 jurors.
Frohling said some in the jury pool may face hardships, such as illness, death or travel, which could potentially excuse them. Another wildcard is that Adelman scheduled the trial the week before Christmas.
Picking a jury has been contested
Jury selection has been contested almost from the beginning of the case, with prosecutors and defense attorneys haggling over what to ask.
Adelman ruled the questionnaire could ask about people’s news sources and past political activities, but not membership in religious organizations or political stickers and signs they have at their homes or on bumper stickers, backpacks or water bottles.
His ruling said the questionnaire could also ask if someone had run for political office, volunteered for a campaign, attended a political rally or participated in an immigration protest.
The completed questionnaires are not open to the public.
Federal charges stem from a routine state case
On May 13, Dugan was indicted on charges that she obstructed a federal agency and tried to help undocumented immigrant Eduardo Flores-Ruiz escape federal agents at the Milwaukee County Courthouse on April 18.
Flores-Ruiz, 31, was arrested following a short chase outside the courthouse. Flores-Ruiz pleaded guilty to illegally re-entering the United States from Mexico after being deported in 2013. Flores-Ruiz has agreed to be deported back to Mexico.
A week later, FBI agents arrested Dugan at the courthouse.
She pleaded not guilty to the two charges, one a felony and the other a misdemeanor. If convicted, she faces up to six years in prison, but first-time nonviolent offenders typically get shorter sentences or probation.
Dugan, 66, has been suspended with pay by the Wisconsin Supreme Court. She makes nearly $175,000 a year.
Reporter John Diedrich can be reached at jdiedrich@gannett.com. Daniel Bice can be reached at dbice@jrn.com




