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.
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.
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.
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.
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.
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.”
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.
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.
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. MathewsonOral 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