Delegations of dockworkers from across Europe and both sides of the Mediterranean held a large meeting in Genoa this weekend. They are calling for a Europe-wide general strike to fight the Gaza genocide.

**Reading Time:** 3 minutes ### Are you getting our free newsletters? * The Wednesday Report Original reporting, the stories behind our stories, events and more. * Wisconsin Weekly A carefully curated rundown of top headlines from around the state. Sign up Click here to read highlights from the story * Judge Mark McGinnis will resign Feb. 1, but won’t face criminal charges after jailing a man during a probation hearing for an unrelated financial dispute in December 2021. * The special prosecutor, La Crosse County District Attorney Tim Gruenke, said the decision was based on McGinnis’ decision to resign, acknowledgement he could have handled case differently and concerns about the separation of powers. * The cement contractor who was jailed for three days said he may pursue a lawsuit now that the criminal case is resolved. An Appleton-area judge won’t face criminal charges for jailing a man during a probation hearing over an unrelated financial dispute, but he will resign in February before his term expires, a special prosecutor assigned to the case said Thursday. Outagamie County Judge Mark McGinnis had jailed cement contractor Tyler Barth in December 2021 over a private money dispute that was not a matter before the court. McGinnis accused Barth of theft, but Barth had not been arrested or charged with a crime. Wisconsin Watch first reported the case in January 2024. La Crosse County District Attorney Tim Gruenke was appointed as a special prosecutor in the case in March 2024, more than a year after the Wisconsin Department of Justice opened a criminal investigation. “That’s crazy, the fact that nobody’s going to prosecute him for it, that’s insane,” Barth said in an interview Thursday. “If he’s retiring, I guess that’s good, he can’t do that to nobody else,” but “it’s just bullshit, in my opinion.” Gruenke said several factors led him not to charge: McGinnis had acknowledged through his attorney that he could have handled the matter differently; McGinnis’ decision to retire; and concerns about the separation of powers between the executive and judicial branches of government over charging a judge for a “mistake” made on the bench. #### Keep an eye on Wisconsin government with our free weekly newsletter. Sign up “This isn’t a case to test those parameters, especially since he acknowledged that he should have done it differently,” Gruenke said in an interview. _Read the_ _Wisconsin Watch report_ _detailing allegations of misconduct by Outagamie County Circuit Court Judge Mark McGinnis._ ## Wisconsin judge under investigation for jailing man over dispute with courthouse employee Nothing so far has come of a state criminal probe into Outagamie Circuit Court Judge Mark McGinnis, who has been a controversial figure since elected in 2005. Gruenke said McGinnis informed Gov. Tony Evers on Wednesday of his retirement effective Feb. 1, which McGinnis indicated would follow his 55th birthday and make him eligible for retirement benefits. McGinnis and his attorney Michelle Jacobs, the former top federal prosecutor in Milwaukee, did not reply immediately to calls and emails requesting comment. Barth had appeared before McGinnis for a probation review hearing on a felony conviction for fleeing an officer. McGinnis accused him of stealing several thousand dollars from a cement contracting customer. The customer’s spouse worked in the same courthouse for another Outagamie County judge. Even though Barth had not been arrested or charged with theft, McGinnis ordered him jailed for 90 days, saying he would release Barth as soon as he repaid the customer. Tyler Barth, a Hortonville cement contractor, says Outagamie County Judge Mark McGinnis jailed him over a financial dispute with a disgruntled client who worked in the courthouse. He is seen on Sept. 8, 2023, at a job site in Appleton, Wis. (Jacob Resneck / Wisconsin Watch) The 32-year-old Fremont resident spent three days in jail before Fond du Lac attorney Kirk Evenson intervened and persuaded McGinnis to release him. Barth said Thursday he would seek an attorney in hopes of filing a lawsuit. McGinnis was first elected in 2005, at age 34, and has been re-elected every six years without opposition. Most recently he was re-elected in April 2023 for a term that runs through July 2029. Wisconsin judgeships are nonpartisan. Gruenke, a Democrat, is a 30-year prosecutor, including the past 18 years as the La Crosse County district attorney. Gruenke was appointed as special prosecutor by the Outagamie County Circuit Court in March 2024 after Outagamie County District Attorney Melinda Tempelis determined it would be a conflict of interest for her office to handle the case. Legal experts agree judges have unparalleled latitude for taking away someone’s liberty, especially if the person is on probation. But invoking criminal penalties to compel action in an unrelated dispute arguably goes beyond a judge’s lawful authority. ## Wisconsin’s Supreme Court has become hyper political. The rise and fall of Michael Gableman’s career shows how that happened. The former Supreme Court justice has agreed to surrender his law license after years of avoiding consequences for his behavior, including a previously unreported incident at the 2016 Republican National Convention. Wisconsin legal experts said they weren’t aware of any instance in which a sitting Wisconsin judge was charged with a crime for actions taken as a judge. Experts also had said they did not expect criminal charges against McGinnis, but that a referral to the state Judicial Commission would be possible. With McGinnis’ announced retirement, it’s unclear if the commission, which could take up the matter on its own, would do so. Any matters before the Judicial Commission are generally confidential. They become public only if the commission files a complaint against a judge or if the judge being investigated waives confidentiality. _**Wisconsin Watch** is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup. _ ### **You come here for clarity.** Wisconsin Watch helps you make sense of statewide issues — from health care to housing to public safety — with trusted reporting and clear explanations. We connect the dots, hold leaders accountable and never put our journalism behind a paywall. If Wisconsin Watch helps you feel informed, connected and ready to engage, now’s the time to support our work. **Keep this reporting free for everyone.** One-time Monthly Annually One-time $5 $10 $50 Other Donation amount $ Monthly $10 $20 $50 Other Donation amount per month $ Annually $120 $365 $520 Other Donation amount per year $ Click the button below to go to our secure payments page. Make a gift today ❤️ __This story was produced as part of the_ _NEW (Northeast Wisconsin) News Lab_ _, a consortium of six news outlets__. Republish This Story Republish our articles for free, online or in print, under a Creative Commons license. Close window X ## Republish this article This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. **Scroll down to copy and paste the code of our article into your CMS. The codes for images, graphics and other embeddable elements may not transfer exactly as they appear on our site.** *** Also, the code below will NOT copy the featured image on the page. You are welcome to download the main image as a separate element for publication with this story. *** You are welcome to republish our articles for **free** using the following ground rules. * Credit should be given, in this format: “By Dee J. 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For questions regarding republishing rules please contact Jeff Bauer, digital editor and producer, at [email protected] # Wisconsin judge will resign, won’t face criminal charges for jailing cement contractor by Tom Kertscher / Wisconsin Watch, Wisconsin Watch August 28, 2025 <h1>Wisconsin judge will resign, won’t face criminal charges for jailing cement contractor</h1> <p class="byline">by Tom Kertscher / Wisconsin Watch, Wisconsin Watch <br />August 28, 2025</p> <br /> <details class="wp-block-details"> <summary>Click here to read highlights from the story</summary> <ul class="wp-block-list"> <li>Judge Mark McGinnis will resign Feb. 1, but won't face criminal charges after jailing a man during a probation hearing for an unrelated financial dispute in December 2021.</li> </ul> <ul class="wp-block-list"> <li>The special prosecutor, La Crosse County District Attorney Tim Gruenke, said the decision was based on McGinnis' decision to resign, acknowledgement he could have handled case differently and concerns about the separation of powers.</li> </ul> <ul class="wp-block-list"> <li>The cement contractor who was jailed for three days said he may pursue a lawsuit now that the criminal case is resolved.</li> </ul> </details> <p>An Appleton-area judge won’t face criminal charges for jailing a man during a probation hearing over an unrelated financial dispute, but he will resign in February before his term expires, a special prosecutor assigned to the case said Thursday.</p> <p>Outagamie County Judge Mark McGinnis had jailed cement contractor Tyler Barth in December 2021 over a private money dispute that was not a matter before the court. McGinnis accused Barth of theft, but Barth had not been arrested or charged with a crime. Wisconsin Watch <a href="https://wisconsinwatch.org/2024/01/wisconsin-judge-mark-mcginnis-court-investigation/">first reported</a> the case in January 2024.</p> <p>La Crosse County District Attorney Tim Gruenke <a href="https://wisconsinwatch.org/2025/08/wisconsin-judge-mcginnis-outagamie-county-appleton-special-prosecutor-criminal-charge/">was appointed</a> as a special prosecutor in the case in March 2024, more than a year after the Wisconsin Department of Justice opened a criminal investigation.</p> <p>“That’s crazy, the fact that nobody’s going to prosecute him for it, that’s insane,” Barth said in an interview Thursday. “If he’s retiring, I guess that’s good, he can’t do that to nobody else,” but “it’s just bullshit, in my opinion.”</p> <p>Gruenke said several factors led him not to charge: McGinnis had acknowledged through his attorney that he could have handled the matter differently; McGinnis’ decision to retire; and concerns about the separation of powers between the executive and judicial branches of government over charging a judge for a “mistake” made on the bench.</p> <p>“This isn’t a case to test those parameters, especially since he acknowledged that he should have done it differently,” Gruenke said in an interview.</p> <div class="wp-block-group has-light-gray-background-color has-background"> <p><em>Read the </em><a href="https://wisconsinwatch.org/2024/01/wisconsin-judge-mark-mcginnis-court-investigation/"><em>Wisconsin Watch report </em></a><em>detailing allegations of misconduct by Outagamie County Circuit Court Judge Mark McGinnis.</em></p> </p></div> <p>Gruenke said McGinnis informed Gov. Tony Evers on Wednesday of his retirement effective Feb. 1, which McGinnis indicated would follow his 55th birthday and make him eligible for retirement benefits.</p> <p>McGinnis and his attorney Michelle Jacobs, the former top federal prosecutor in Milwaukee, did not reply immediately to calls and emails requesting comment.</p> <p>Barth had appeared before McGinnis for a probation review hearing on a felony conviction for fleeing an officer. McGinnis accused him of stealing several thousand dollars from a cement contracting customer.</p> <p>The customer’s spouse worked in the same courthouse for another Outagamie County judge.</p> <p>Even though Barth had not been arrested or charged with theft, McGinnis ordered him jailed for 90 days, saying he would release Barth as soon as he repaid the customer.</p> <figure class="wp-block-image aligncenter size-large"><img src="https://wisconsinwatch.org/wp-content/uploads/2025/08/asseTyler-Barth-sitting-truckA-782x521.jpg" alt="Man in yellow jacket and jeans sits next to lumber and other construction supplies." class="wp-image-1308603" /><figcaption class="wp-element-caption">Tyler Barth, a Hortonville cement contractor, says Outagamie County Judge Mark McGinnis jailed him over a financial dispute with a disgruntled client who worked in the courthouse. He is seen on Sept. 8, 2023, at a job site in Appleton, Wis. (Jacob Resneck / Wisconsin Watch)</figcaption></figure> <p>The 32-year-old Fremont resident spent three days in jail before Fond du Lac attorney Kirk Evenson intervened and persuaded McGinnis to release him.</p> <p>Barth said Thursday he would seek an attorney in hopes of filing a lawsuit.</p> <p>McGinnis was first elected in 2005, at age 34, and has been re-elected every six years without opposition. Most recently he was re-elected in April 2023 for a term that runs through July 2029.</p> <p>Wisconsin judgeships are nonpartisan.</p> <p>Gruenke, a Democrat, is a 30-year prosecutor, including the past 18 years as the La Crosse County district attorney.</p> <p>Gruenke was appointed as special prosecutor by the Outagamie County Circuit Court in March 2024 after Outagamie County District Attorney Melinda Tempelis determined it would be a conflict of interest for her office to handle the case.</p> <p>Legal experts agree judges have unparalleled latitude for taking away someone’s liberty, especially if the person is on probation. But invoking criminal penalties to compel action in an unrelated dispute arguably goes beyond a judge’s lawful authority.</p> <p>Wisconsin legal experts said they weren’t aware of any instance in which a sitting Wisconsin judge was charged with a crime for actions taken as a judge.</p> <p>Experts also had said they did not expect criminal charges against McGinnis, but that a referral to the state Judicial Commission would be possible. </p> <p>With McGinnis’ announced retirement, it’s unclear if the commission, which could take up the matter on its own, would do so.</p> <p>Any matters before the Judicial Commission are generally confidential. They become public only if the commission files a complaint against a judge or if the judge being investigated waives confidentiality.</p> <p>This <a target="_blank" href="https://wisconsinwatch.org/2025/08/wisconsin-judge-will-resign-wont-face-criminal-charges-for-jailing-cement-contractor/">article</a> first appeared on <a target="_blank" href="https://wisconsinwatch.org">Wisconsin Watch</a> and is republished here under a <a target="_blank" href="https://creativecommons.org/licenses/by-nd/4.0/">Creative Commons Attribution-NoDerivatives 4.0 International License</a>.<img src="https://i0.wp.com/wisconsinwatch.org/wp-content/uploads/2021/02/cropped-WCIJ_IconOnly_FullColor_RGB-1.png?fit=150%2C150&amp;quality=100&amp;ssl=1" style="width:1em;height:1em;margin-left:10px;"><img id="republication-tracker-tool-source" src="https://wisconsinwatch.org/?republication-pixel=true&post=1308846&amp;ga4=G-D2S69Y9TDB" style="width:1px;height:1px;"><script> PARSELY = { autotrack: false, onload: function() { PARSELY.beacon.trackPageView({ url: "https://wisconsinwatch.org/2025/08/wisconsin-judge-will-resign-wont-face-criminal-charges-for-jailing-cement-contractor/", urlref: window.location.href }); } } </script> <script id="parsely-cfg" src="//cdn.parsely.com/keys/wisconsinwatch.org/p.js"></script></p> Copy to Clipboard 1 ## Latest stories ### Wisconsin judge will resign, won’t face criminal charges for jailing cement contractor by Tom Kertscher / Wisconsin Watch August 28th, 2025August 28th, 2025 ### Ex-Sawyer County jail head who sent lewd texts to female employees is now working at nearby police department by Annie Pulley / The Badger Project August 28th, 2025August 27th, 2025 ### Wisconsin DNR can require CAFO permits to protect water, appeals court rules by Danielle Kaeding / WPR August 27th, 2025August 27th, 2025

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