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Kenosha Judge Eviscerates First Amendment In Bizarre Ruling – Opinion

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Kenosha County Circuit Court Judge David P. Wilk (D)
(File Photo by Kevin Mathewson, Kenosha County Eye)

Circuit Court Judges like David Wilk (D) can’t change the first amendment, no matter how much they hate it. It’s part of our great Constitution and there are many layers of the judiciary above the circuit coirt that work as checks and balances. That doesn’t mean that they can’t try, however. That’s exactly what David Wilk tried to do in an oral/written ruling from this past Monday.

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Let’s start with Judge Wilk’s beginning. Wilk attended Hamline University School of Law in Minnesota. It’s one of the lowest-ranking law schools in the country. Wilk has always been a terrible attorney. His father, however, was a judge here in Kenosha County. Most criminal defense attorneys say that he was an “agent of the state”, in other words, he rubber-stamped the prosecution and didn’t give defendants fair trials. He was also an obnoxious and very rude man. His son David Wilk spent more of his time on community projects, like the Southport Beach House.

Judge David P. Wilk (Left) and His Wife Lynn Wilk (Right)
(Cell Phone Photo by Kevin Mathewson, Then-Alderman Circa 2014)

Wilk used to attend meetings of the City Council, of which I was a member. He advocated for the rehabbing of the southport beach house and I was one of the Aldermen who put pen to paper and allocated funds to fix the landmark. Wilk really liked me, and told me so on many occasions.

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Attorney David Wilk REALLY wanted to be a judge like his dad. He tried in 2009 to get enough votes. He lost by 10% points, landing in third place. The voters REJECTED him overwhelmingly. He tried again in 2011. At the time, Governor REJECTED him. Wilk is a bleeding-heart liberal, but his wife Lynn is a Republican. His wife had strong connections to Governor Walker and Paul Ryan. Lynn Wilk was the Chief of Staff, Communications Director, Committee Clerk for the Office of Scott Walker. The Governor appointed David Wilk on August 7, 2014 to fill the vacant seat in the Kenosha County court system. Not because he was qualified – he wasn’t. He got the position because of political connections. This is par for the course. The next year, Wilk would become judge permanently, not because voters chose him over other qualified candidates – he ran unopposed. He would run unopposed in 2021 again. He will be our judge until at least 2027 becuase of political connections. There is an unwritten rule in Kenosha County that you cannot run against a sitting judge unless he or she was appointed recently. The thought there, is if you run against a judge and lose, they will not treat you well and your clients will suffer. This is a bad policy. It leaves us with judges like Wilk and Kerkman. They are bottom of the barrel jurists in it for the money, because they likely made dirt as private practitioners. Wilk is the only judge who does the pretentious charade where he instructs his clerk to shout, “please rise!” “The Honorable David P. Wilk presiding.” C’mon, even the cringiest of judges don’t do this. You’re not that important, Dave.

Wilk pissed off the liberals, his own team, when he ruled in favor of a pedophile that photographed himself having sex with kids. Wilk ruled that Chrystul Kizer couldn’t use the sex-trafficking defense when she shot and killed her alleged sex-trafficker, Randall Volar. He was slapped around (metaphorically) by the conservative majority on the Supreme court, who overruled his ignoramus decision.

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Wilk has always been kind to me. He says “hi” in the court house, mentions recent articles I’ve written and even corrected the spelling of his name in one of my articles. (I added an “e” at the end of his name once.) He reads KCE, probably daily. He’s reading this now. Most importantly, he has granted me press credentials in his courtroom to photograph trials and hearings, like the Chrystul Kizer case. ( I hope this op ed doesn’t cause him to revoke my credentials, that would be childish, and petty.) He even asked that I quiet the shutter on my camera – I purchased a new, quieter one to make him happy.

Judge Wilk’s Numerous Recusals on Mathewson Cases
(Clerk of Courts)

Over the last few years, Wilk has recused himself from my many lawsuits that landed on his desk. He cited Wis. Stat. 757.19(2)(g) which says “When a judge determines that, for any reason, he or she cannot, or it appears he or she cannot, act in an impartial manner.”

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Judge David P. Wilk literally wrote in many court orders that he CANNOT be fair and impartial to me, Kevin Mathewson. I was happy about this. He was a nice enough guy, but a terrible lawyer and an even worse judge. Good! I want a competent judge. So when the disgruntled Michael Culat, former Salem Lakes Trustee sued many people including me, I was not a fan of having Wilk take the case. I didn’t need to burn a substitution request on him – I only get one. So when he stayed on the case, I got worried. Why does he want to be on this case after recusing himself repeatedly? It’s now too late to substitute. I realized he likely has connections to the other side of my case, particularly, the embattled Ted Kmiec. It all makes sense now. I was stuck with a judge that said he CANNOT be fair and impartial to me, and, at least seems to have connection to my opposition. This lawsuit is very frivolous. It has no chance to move forward. Even though I know he cannot win, a lawsuit can be expensive either way.

Disgruntled Former Salem Lakes Trustee Michael Culat
(File Photo by Kevin Mathewson, Kenosha County Eye)

Many of us have probably accused an elected official such as the president of the United States, a Supreme Court Justice, or any other government actor of “violating their oaths of office.” Unbelievably, Judge Wilk ruled Monday that such a statement is defamatory. Imagine the repercussions if superior and smarter judges affirmed this ruling of a mad-man, rogue, and unintelligent judge? No one could criticize their elected officials – remind you of Nazi-run Germany? Culat was fired as a cop from the Antioch, IL police department for sexual contact with a pregnant dispatcher while on duty in the police department, reading his Police Chief’s mail, and other violations. He also allegedly withheld from the chief the fact that he intended on using a minor to buy booze, without accounting for it. He sued at least two times for his job back, once in federal court. All judges upheld his termination. He doesn’t seem like a model citizen, does he? I was kind to Culat, who is alleged to be dying of cancer. I simply wrote that he left the police department “under suspicious circumstances.” Wilk ruled that this statement was defamatory. You read that correctly. Wilk isn’t the sharpest tool in the shed and likely knows almost nothing about the defamation laws. I, on the other hand, just went through a two-year case and won a mixed verdict.

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Judge Wilk is lazy and has a case load larger than many judges in the state because he is very slow to get through his case-load. Sometimes golf is more important. He often doesn’t do his work on time and even extended the time to rule on this motion. He needed more time to rule on my and my co-defrndents motions to dismiss. Now we have to continue to pay lawyers to defend ourselves against a frivolous case. I actually will be proceeding pro-se so that I can speak my mind in court.

Who would want to spend their last days on earth in a fight over TRUE statements made about youself? Wouldn’t you want to spend that time with family, with friends? Nope. Mr. Culat wants to spend the last of his days wasting his money because of his embarrassing loss in the Salem Lakes trustee race. He might just have a judge that will try to help. Make no mistake, Culat will not prevail, no matter how nutty Wilk gets.

So, I leave with this. Judge David P. Wilk is violating his oath of office by deliberately and actively acting on a conflict of interest he previously pointed out, but now conveniently forgot about. He should sue me for saying that! Of course, he won’t. Because even though he’s not a smart man, he is just smart enough to know that his decision, althouhh temporary, to use his friend Joe Binden’s expression, malarkey. Perhaps the two should play cribbage together at an old folks’ home.

Kevin E. Mathewson

Oral Ruling

Other Parties Redacted At My Discresion
Here Is The Transcript Of Wilk’s Oral Ruling If you Want to See How A Dumb Judge Talks

Author

  • Kevin Mathewson

    Kevin Mathewson is a disciple of Christ, husband and a father to two wonderful children. Mathewson was born and raised in Lake County, IL and worked as a police & fire dispatcher from 2005 to 2010 in Round Lake Beach, IL. Mathewson moved to Kenosha County in 2006, later being elected to the position of Alderman of the 8th District in 2012 and 2016. Mathewson is a private investigator, security contractor, journalist, and photographer. He enjoys spending time with his family, watching movies, camping and boating. His favorite amendment is the second, followed closely by the first. He loves his country and community.

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27 Responses

  1. Whoa!!! 😳 Nice article! 👍 I wish more people in power these days were called out for their biased bullshit! Especially liberal democrats! 🤪 Look at what the crooked Biden regime is trying to do to Trump! 🤬Coincidentally, the judges who were appointed by OBAMA, are the ones handling his cases. You know, the cases brought by the liberal, leftist, Trump hating, Biden regime 🤨 In the new York case, sent over by the Biden regime, the liberal moronic judge is even a, PROVEN TRUMP HATER”, but won’t recuse himself for the simple sake of “TRUMP DERANGED LIBTARD SYNDROME”!!! 🙄 AKA- CROOKED BULLSHIT!!! None of it should even be taking place, but it is, and it was purposely timed out to accomplish one thing. STOP TRUMP FROM RUNNING IN 2024!!! CROOKED LIARS HAVE INFESTED ALL THREE BRANCHES OF OUR GOVERNMENT NOW! 🤥🤥🤥 They will lie, cheat, and steal elections! They will do whatever they can, legal or not, to help their liberal buddies!!! The price for their mischievous ways….a declining country full of sick individuals and getting sicker every day. It’s disgusting and insane! I pray for the future of this country and for the safety of my 3 kids & 9 grandkids! You are are great guy Kevin and an even better Author! Good luck to you, even though I know you won’t need it!

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    1. The Florida judge 👩‍⚖️ handling Trump’s case was appointed by…💥Trump. 🤷‍♀️But don’t let facts get in the way of your 🤬unhinged🤬 rant. 💕

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      1. I didn’t say every single judge. Either way its all a bunch of bullshit to take him out of the race. They can try all they want he’ll win for the 3rd traight time in 11 months from now. My whole point was just that there are too many crooked biased judges & others in power. But thanks for your input! 😁

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    2. I agree Jeff! This was brilliantly written and absolutely true. Anyone who has dealt with Wilk the buffoon knows you speak the truth. I hope you win!

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  2. Wisconsin needs to take a hard look at merit selection of trial and appellate judges (like Iowa) and maybe a revamp of court commissioners (like Iowa) to magistrate judges with better training and accountability. I wouldn’t hold my breath waiting for this to happen because politicians and special interests like the way it is.

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  3. Wilk is just one of many examples of the incestuous power structure that runs Kenosha. What a terrible decision. I knew he was unqualified when he was appointed. Many others also knew it.

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  4. Kevin.

    Can you please explain the one substitution rule.

    Is it one substitution per case or something else.

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  5. It’s my understanding that when one claims defamation, they have the burden to prove that what was said is not true. Has Culet offered any proof that the statements and claims made are not true? Of course, that’s an entirely different issue from the fact that he was a public official and has a much higher burden in claiming defamation. It’s clear that Wilk had an agenda mapped out from the start, or he would have recused himself. It would seem that he has paved you (Kevin) a four lane expressway to an appeal.

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  6. Great article same ole Kenosha back slapping bulkshit ..His liberal father was the driving force behind naming the middle school for Mahone ..Her qualifications were she’s black and pays for abortions her boy that screwed all the white girls ..

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  7. Maybe that cancer that took off Wilk’s half an ear creeped into his brain.
    He’s a turd.

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  8. Th dementia that took over his father years before he left the bench has been turned over to the son.

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  9. How about this? No more governors or presidents, appointing judges! Judges should be voted in only by the “PEOPLE”! That way, liberal, democratic, presidents and governors, couldn’t just appoint no name liberal judges that they know will rule in favor of thier sick agendas! 🤔 Oh….wait, then the liberal, democrats will just cheat them in! We are sooooo doomed!!! 😥

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  10. Joe Biden sucks! He’s the worst president ever! Anyone who casted a vote for him, “LEGALLY”, is a bonified under, or over, educated by a liberal, IDIOT! 😅

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  11. Honestly, this article was tough to read as a citizen of Kenosha. Many of the comments were just tasteless and lacked any tact, just as the article did.
    I am all for fairness and change; so what are the steps needed to change appointments for Judgeships here in Kenosha? What would be our first step as a community? I’m in.
    Even though there maybe some truth to this writers experience, the tang of sour grapes rang throughout this article.
    The opinion of this Defendant regarding the Court/Judge in this case is just disrespectful and appalling.
    Due process is a Right of all Americans. Appealing a ruling, to a Higher Court is part of that Right too. Integrity, couth and decorum is severely lacking in our Country today. We should all strive to be respectful and “take the lead when we see the need.” (aging & disability sign)
    Now, I have to comment on the bold statement of being a disciple of Christ…Trust in God and He will make your path straight. Giving thanks at “all times,” for all things. Blessings or curses spring forth from your lips. We reap what we sow.
    Let’s lead by example. “What can we do to make the changes believed needed.”
    (You have a captive audience…)

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  12. “kid” really is a kid turning a blind eye to Kevin’s very well presented letter, and offering nothing in the way of a real response. You know, acting like a silly kid.

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  13. All the judges’ bailiffs used to call “All rise” when the judge first entered the courtroom. Judge Schroeder’s bailiff Joe would say “All rise! Circuit Court of Kenosha County is now in session; Honorable Bruce E. Schroeder presiding. Silence is commanded.” And then once the judge sat down, “you may be seated.” In the really old days there was even more to it, with the bailiff calling “Oyez, oyez, oyez” at the beginning (pronounced oy-yay) and probably other verbiage that I can’t remember.
    I see nothing wrong with doing that. It gets the gallery’s attention and puts them on notice to quiet down and pay respectful attention.

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  14. What happened is that with Covid and Zoom appearances the “all rise” would be awkward so it kind of slipped away.





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