Kenosha, Wis. – Kenosha County Circuit Court Judge Chad Kerkman (D) has once again found himself overruled by a higher court. On January 22, 2025, the Wisconsin Court of Appeals reversed a ruling made by Kerkman in a child custody case, marking yet another instance in which his decisions have been overturned—spanning cases from homicide convictions, public records cases, and even termination of parental rights.

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In the latest reversal, the Court of Appeals sided with a father, known by the pseudonym “Tyrone,” who contested a dispositional order transferring custody of his daughter, Serena (also a pseudonym), to the Kenosha County Division of Children and Family Services. The circuit court, presided over by Judge Kerkman, had ruled to place the child in foster care following a jury verdict that determined she had been neglected by her parents.

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Key Issues on Appeal

Tyrone’s appeal raised three primary arguments: (1) the circuit court erred in denying his request for judicial substitution; (2) the court improperly admitted certain evidence at trial; and (3) the jury’s verdict lacked sufficient supporting evidence.

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While the Court of Appeals declined to address the latter two arguments, it ruled decisively on the judicial substitution matter, reversing Kerkman’s decision and remanding the case for a new trial before a different judge.

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A Procedural Mishap or Judicial Overreach?

During the initial plea hearing in September 2023, Tyrone’s attorney submitted a request for substitution of judge. However, due to procedural confusion, the request was left unsigned—Tyrone had been removed from the hearing for disruptive behavior before he could sign it, and his attorney had been granted permission to withdraw. The court commissioner overseeing the hearing nevertheless confirmed that the request was “in the proper form” and “timely filed.” Despite this, Judge Kerkman denied the substitution request the following day, citing the missing signature as the reason.

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Two weeks later, Tyrone attempted to rectify the situation by requesting to sign the paperwork, but no further action was taken by the court to allow him to do so. The case proceeded to trial before Judge Kerkman, ultimately resulting in the ruling that Serena be placed in foster care.

Court of Appeals Finds Error

The Wisconsin Court of Appeals firmly rejected the state’s argument that Tyrone had failed to preserve the substitution issue for appeal. The court determined that, under state law, the trial judge should not have denied the request outright without affording Tyrone an opportunity to correct the omission. The Court of Appeals further noted that the state failed to refute Tyrone’s arguments, effectively conceding that an error had been made.

As a result, the appellate court reversed the dispositional order and remanded the case for a new trial before a different circuit court judge.

A Pattern of Reversals

Judge Kerkman’s legal decisions have frequently faced scrutiny, with multiple rulings overturned on appeal. Critics argue that his pattern of reversals raises concerns about judicial competence and fairness in his courtroom. Legal analysts suggest that the repeated overturning of his rulings may indicate a failure to adhere to proper judicial procedures, potentially affecting the lives of countless individuals who come before his bench.

Adding to the controversy, Judge Kerkman was recently appointed as Deputy Chief Judge of Kenosha, Walworth, and Racine counties by the liberal-controlled Wisconsin Supreme Court. This appointment has drawn criticism from those who question his judicial record and the frequency with which his decisions have been overturned.

With this latest ruling, the case of Tyrone and Serena is set to be retried under new judicial oversight, a decision that underscores the importance of due process and proper legal protocol in the Wisconsin judicial system.

As Kenosha County continues to grapple with contentious legal battles and appeals, all eyes remain on the judicial record of Judge Kerkman—and whether his rulings will continue to stand the test of higher court scrutiny.