Outagamie County Judge Mark McGinnis to Resign Amid Controversy, Will Not Face Charges

Outagamie County Judge Mark McGinnis will resign from his position early next year. He is stepping down after a controversial decision to jail a man over a private financial dispute. The man had not been charged with any crime.

The case sparked a state investigation, but no criminal charges will be filed. A special prosecutor said the judge admitted he could have acted differently.

Judge McGinnis Faces Criticism Over Jail Order in Probation Hearing

In December 2021, Judge McGinnis jailed cement contractor Tyler Barth. The jail order came during a probation hearing unrelated to the financial matter in question. McGinnis accused Barth of theft, even though Barth was not charged.

According to Wisconsin Watch, McGinnis ordered Barth to stay in jail for up to 90 days. He said Barth could be released if he repaid the money. The dispute involved a customer who worked at the same courthouse.

Barth spent three days in jail before being released. His lawyer convinced the judge to reverse the decision. The incident raised legal and ethical questions across Wisconsin.

La Crosse County District Attorney Tim Gruenke, the special prosecutor, explained why no charges would be filed. He cited judicial independence and McGinnis’ decision to retire. Gruenke said the case was not the right one to test limits on charging judges.

Judge’s Retirement Ends Case, but Questions Remain

Judge McGinnis informed Gov. Tony Evers of his resignation, effective February 1. His retirement will make him eligible for benefits. He said he plans to educate judges locally and internationally.

The Wisconsin Judicial Commission could still review the matter. But that process is confidential unless formal charges are filed. Experts say it is rare for judges to be prosecuted for actions taken from the bench.

McGinnis was first elected in 2005 at age 34. He was most recently reelected in 2023 for a term lasting through 2029. His departure will open the door for a new judicial appointment or election.

Tyler Barth says he will consider legal action. He described the judge’s actions as unfair and hopes for justice through a civil lawsuit. His case remains a stark reminder of the power judges hold—and the importance of oversight.

Judge Mark McGinnis of Outagamie County will retire after facing public backlash over a jail order. He won’t face criminal charges, but the case highlights concerns about judicial power.

Dropping this nugget your way-

Q1: Who is Judge Mark McGinnis?

He is a judge in Outagamie County, Wisconsin, elected in 2005. He is resigning in 2025 after a controversial case.

Q2: Why is Judge McGinnis resigning?

He is stepping down following criticism for jailing a man during a probation hearing over a private money dispute.

Q3: Was Judge McGinnis charged with a crime?

No. A special prosecutor said charges were not appropriate due to judicial independence and McGinnis’ decision to retire.

Q4: What happened to Tyler Barth?

He was jailed for three days despite not being charged. His lawyer later got him released. He plans to sue.

Q5: Will the Wisconsin Judicial Commission take action?

It’s unclear. The process is confidential unless formal action is taken. No public charges have been announced.