Outagamie County Judge Mark McGinnis Faces Scrutiny After Controversial Courtroom Incident—Here’s What Happened

Outagamie County Circuit Judge Mark McGinnis will step down on Feb. 1—four years before his term ends—after a special prosecutor announced he will not pursue criminal charges stemming from the judge’s decision to jail a cement contractor over a private debt dispute in 2021. The resignation letter, dated Aug. 27 and sent to Gov. Tony Evers, cites McGinnis’s upcoming 55th birthday and plans to train judges domestically and abroad, but makes no mention of the Department of Justice investigation that clouded his final months on the bench. McGinnis drew statewide scrutiny after ordering Hortonville contractor Tyler Barth to spend up to 90 days in jail unless he refunded several thousand dollars to a dissatisfied customer whose spouse worked in the Outagamie County Courthouse. Barth, who was appearing for an unrelated probation review, had not been arrested or charged with theft; he spent three days in custody before another attorney intervened. Special prosecutor Tim Gruenke, La Crosse County’s district attorney, told reporters that McGinnis’s willingness to acknowledge missteps, combined with separation-of-powers concerns and the judge’s agreement to resign, tipped the balance against filing criminal counts. “This isn’t the case to test the limits of charging a sitting judge for actions taken from the bench,” Gruenke said. Barth called the outcome “insane,” saying he is now weighing a civil lawsuit. Legal scholars note that while judges wield broad discretion over defendants on probation, using jail time to compel payment in a private dispute pushes the boundaries of judicial authority. Wisconsin court records show no modern precedent for charging an active judge with a crime tied to courtroom conduct. McGinnis, first elected in 2005 at age 34 and re-elected without opposition ever since, had faced prior criticism for courtroom demeanor, including widely viewed footage of him ordering a juvenile defendant to be gagged in 2017. His most recent retention election in April 2023 would have kept him on the bench through mid-2029. What happens next • Replacement process: Gov. Evers will appoint an interim judge who must run in the April 2026 nonpartisan election to complete the remainder of the term. Expect interest from prosecutors and private attorneys across the Fox Valley, where judicial seats rarely open mid-cycle. • Judicial Commission review: The Wisconsin Judicial Commission can still sanction judges who have left office, though such actions are uncommon. Commission proceedings remain confidential unless formal charges are filed. • Possible civil action: Barth’s attorney search signals a potential federal civil-rights claim that could expose Outagamie County taxpayers to damages. Similar suits elsewhere have succeeded when judges exceeded lawful authority. Community reaction Defense lawyers in Appleton say the resignation may restore confidence among litigants who felt McGinnis exercised “shock-therapy” tactics. Victim-advocacy groups, meanwhile, worry the episode could deter citizens from reporting grievances involving courthouse staff. Political implications The vacancy arrives amid heightened attention to Wisconsin’s judiciary after last year’s high-profile state Supreme Court race. With conservative Justice Rebecca Bradley announcing she will not seek re-election in 2026, parties on both sides view local benches as farm teams for higher office. Key takeaway for residents If you have an open case before Judge McGinnis, expect reassignment in early 2025; clerks say litigants will receive new scheduling orders after the winter docket is re-balanced. Those seeking restitution related to the Barth incident should monitor any civil filings and the governor’s appointment timeline. Bottom line Judge Mark McGinnis’s abrupt exit ends a months-long ethics and criminal probe but sparks fresh questions about judicial accountability and the limits of bench authority. As Outagamie County prepares for its first mid-term judicial vacancy in two decades, the ripple effects—legal, political and financial—are only beginning to surface.