Outagamie County Judge Resigns Amid Investigation

Judge Mark McGinnis's decision to resign stems from a controversial case where he jailed cement contractor Tyler Barth over a financial dispute. Barth, who was on probation for fleeing an officer, was accused by McGinnis of theft related to a contracting job. The situation escalated when McGinnis ordered Barth to jail for 90 days unless he repaid the deposit, despite Barth not being charged with any crime related to the dispute. This action prompted an investigation by the Wisconsin Department of Justice and the appointment of a special prosecutor.

La Crosse County District Attorney Tim Gruenke decided against pursuing criminal charges, considering McGinnis's resignation, his acknowledgement of potentially mishandling the case, and broader concerns about judicial independence. Gruenke stated that charging a judge for a 'mistake' made on the bench raised significant separation of powers issues.

Tyler Barth, the contractor involved, expressed dissatisfaction with the outcome but indicated he might pursue a lawsuit. McGinnis, who was first elected in 2005 and re-elected without opposition since then, plans to educate judges in the U.S. and internationally after his resignation.

He is resigning amidst a criminal investigation by the Wisconsin Department of Justice regarding his handling of a case involving a financial dispute.

No, the special prosecutor has decided not to file criminal charges, citing McGinnis's resignation and concerns about the separation of powers.

The investigation stemmed from McGinnis's decision to jail a contractor, Tyler Barth, over a financial dispute that was unrelated to Barth's probation.

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