Milwaukee County Judge Hannah Dugan is scheduled to appear at the federal courthouse in downtown Milwaukee at 9 a.m. on May 15 to be arraigned and enter a plea.
Dugan, 66, was indicted May 13 on two counts: obstructing a federal agency and concealing Eduardo Flores-Diaz, an undocumented immigrant who was being sought by federal officers at the Milwaukee County Courthouse on April 18. Flores-Ruiz, 30, was appearing in Dugan’s courtroom on three misdemeanor charges of domestic battery.
A demonstration in support of Dugan is expected to begin at 7:45 a.m. in front of the federal courthouse. Her arrest has put her at the center of the growing dispute between President Donald Trump and the nation’s judiciary.
Here is what to expect:
What exactly will happen at this hearing?
Because Dugan was indicted on May 13 by a federal grand jury, this hearing will be a plea and arraignment. Dugan will undoubtedly plead not guilty and then U.S. Magistrate Judge Stephen Dries will set hearing dates, including a possible trial date.
More: Milwaukee Judge Hannah Dugan already faces a federal obstruction charge. So why indict her?
The prosecutors will likely estimate the length of a trial, which might foreshadow the complexity of the case.
Is this expected to be a lengthy hearing?
No. A plea and arraignment hearing is usually done in about 15 minutes. This case is unusual, though, and other issues could arise.
For instance, Dugan’s defense team filed a motion to dismiss the case May 14, citing judicial immunity and federal overreach issues. Her lawyers said an immediate ruling should be made on their claims because, if affirmed, the prosecution would not be allowed.
While Dries will preside over this hearing, the pre-trial motions will be handled by U.S. Magistrate Judge Nancy Joseph. U.S. District Judge Lynn Adelman will oversee the trial. Adelman, a former Democratic senator, was assigned the Dugan case after her indictment through a computer-driven random selection process used by the federal clerk of courts.
Who will be in the courtroom for this hearing?
Dugan, who was first elected in 2016, will appear along with members of her legal team. Currently, four law firms are listed as representing her. Seven lawyers are listed on the case for Dugan.
For the government, there are three prosecutors listed on the case: Acting U.S. Attorney Richard Frohling; Assistant U.S. Attorney Keith Alexander, who is the chief of the Criminal Division for U.S. Attorney’s Office; and Kelly Brown Watzka, who is assistant chief of the division, in charge of white collar prosecutions.
What is likely to happen next?
At Dugan’s arraignment, deadlines will be set in accordance with the federal Speedy Trial Act that requires a trial start within 70 days of an indictment or the defendant’s first court appearance, whichever is later. Dugan’s legal team could waive the Speedy Trial Act rules.
First up in the case, though, will be the motion to dismiss filed by Dugan’s team.
In this district, magistrate judge handles motions, so it would start with Joseph. It also could go right to Adelman. The government will have a chance to respond and a hearing could follow.
Depending on the rulings, whoever loses may appeal the matter to the 7th Circuit Court of Appeals.
Right now, Dugan is not handling any cases. In a unanimous order, the state Supreme Court has administratively suspended her until further notice.
This article originally appeared on Milwaukee Journal Sentinel: What to expect at court appearance for Wisconsin Judge Hannah Dugan