(The Center Square) – An Illinois appellate court judge says the arrest of Wisconsin Judge Hannah Dugan was “reminiscent of King George, Hitler and Mussolini.” An Illinois constitutional attorney disagrees.
Judge James Knecht criticized the Trump administration’s heavy-handed courthouse arrest of Dugan.
“The administration practiced jack booted, ham handed, procedures to arrest Judge Dugan at the courthouse. Reminiscent of King George, Hitler and Mussolini,” Knecht wrote.
David Shestokas, a constitutional attorney who ran in the Republican primary for Illinois Attorney General, accused Dugan of defying federal authority by helping an illegal immigrant avoid Immigration and Customs Enforcement agents.
“The problem is, she just exhibited her own disrespect for the authority of the federal government. In terms of providing her with your typical kind of nonviolent courtesy, you know, we’ll give you a call and you can come and turn yourself in sort-of-thing. She had just demonstrated her own disrespect for the federal officers,” said Shestokas.
Knecht called the arrest an “overreach.” He suggested the proper approach would have been to contact Dugan’s chief judge, the court administrator, and Wisconsin’s chief justice to clarify how state judges should interact with ICE.
“Am I asking for a judge to receive special treatment? No – Judge Dugan is being used as an example to strike fear into the heart of state authorities, judges included,” stated Knecht. “The state judiciary and the federal authorities are obligated to cooperate. One does not encourage such cooperation by arresting a judge to punish her for what may have been a mistake in judgment, or a reaction to the furor over immigration policy.”
Shestokas said physically arresting the judge is a bit unusual.
“[The federal authorities] were clearly interested in sending a message … that it didn’t matter who you are or what position you hold,” said Shestokas. “If, in fact, you aided and abetted someone who was lawfully to be detained by ICE and you interfered with that, you’ve broken the law and you’re subject to arrest.”
Dugan allegedly led Mexican national Eduardo Flores-Ruiz and his lawyer out a restricted jury door to avoid ICE agents, a route the judge controls, according to Shestokas.
Knecht said on social media that he usually sleeps peacefully. However, he suggested he was awake thinking about Dugan’s arrest.
“I did not sleep well last night. I usually sleep peacefully. I was thinking about Judge Dugan in Wisconsin,” stated Knecht. “Some states and cities have laws or policies to not assist federal authorities such as ICE or FBI – of course, not assisting is not the same as obstructing. For me, the issue is not what Judge Dugan did (I do not support how she handled this) but how the authorities responded.”
In 2023, Knecht received $249,337 in pension benefits from the Illinois Judges Retirement System.
Shestokas said Knecht’s social media post reflected a call for judges to be treated with a certain level of respect.
“I have no idea why there was any suggestion that there should be a consultation with the Wisconsin Supreme Court to determine how judges are supposed to do things. We know they’re not supposed to help criminals avoid arrest, prosecution, or detention,” said Shestokas. “It’s not unusual at all to inform the judge that there’s agents of whatever law enforcement agency outside intending to arrest someone when they leave the courtroom.”
Shestokas said no one uses the jury door without the judge’s permission, and despite being courteously informed about the planned arrest, she responded by allegedly breaking the law.
“Judge Duggan was given a heads up that there were agents outside the courtroom preparing to arrest an individual that was in their charge with the crime. And after she was given that heads up, apparently she sent a message to the agents that they should go visit with the chief judge. And then apparently she took the guy they wanted outside the side door, out the jury door,” said Shestokas.
Knecht served as a law clerk to Illinois Supreme Court Justice Robert C. Underwood from 1973 to 1974, then as an Associate Circuit Judge from 1975 to 1978, and as a Circuit Judge from 1978 to 1986, before being elected to the Fourth District Appellate Court in 1986.
