MADISON – Wisconsin Republican lawmakers may act to remove Milwaukee County Circuit Judge Hannah Dugan if the obstruction charges against her are “confirmed,” a legislative leader suggested Friday.
Lawmakers may seek to remove sitting judges through an impeachment proceeding that must begin in the Assembly, or a process known as removal by address.
“These charges are serious, deeply troubling, and strike at the core of public trust,” Rep. Tyler August, R-Walworth, said in a statement. “We will continue to monitor the legal process, but Assembly Republicans stand prepared to act decisively if these serious allegations are confirmed.””Accountability is not optional — it is essential to the integrity of public service,” he said.
August did not define how the lawmakers would seek to “act decisively” and did not immediately return a phone call seeking comment.
There are several ways to remove an elected judge from office in Wisconsin. Here’s what to know:
Impeachment of a judge can be launched in state Assembly
Impeachment can be used to remove “civil officers of the state,” although state law does not define “civil officers.”
A person can be impeached for corrupt conduct in office or for committing a crime.
Proceedings start in the state Assembly, where a simple majority must vote to impeach before the state Senate can take it up.
From there, the Senate can conduct a trial based on the evidence. If two-thirds of the senators present vote to convict, the official is removed from office. There are no criminal sentences or penalties involved.
More: Protesters decry arrest of Milwaukee judge charged with helping immigrant evade ICE
A judge could be ‘removed by address’
A judge could be removed by address, which is a procedure that allows the Legislature to remove justices or judges from office based on a supermajority in each house of the Legislature. Before removing a justice or judge, the Legislature must serve the individual with a copy of the charges forming the grounds for address and provide an opportunity for the justice or judge to be heard and to present a defense, according to the nonpartisan Legislative Council. The Legislature may then vote on removing the justice or judge by a two-thirds vote of all the elected members of the assembly, as well as a two-thirds vote by all elected members of the state senate. Under state law, charges against a justice or judge must allege either misconduct, or that the judge is not physically or mentally qualified to exercise the judicial functions of the office, according to the council.
More: What to know about Hannah Dugan, Milwaukee judge arrested amid ICE investigation on April 25
A judge could be recalled
A judge also could be recalled, according to the nonpartisan Legislative Council. A recall in Wisconsin requires an elected official to run for his or her office a second time after recall organizers gather enough signatures to force a new election, according to the reference bureau. If the official is defeated in the recall election, he or she is removed from office and replaced by the winning candidate.
