
KENOSHA, Wis. — A Racine County circuit court judge has dismissed a Kenosha journalist’s open records lawsuit — marking the first legal loss in 23 public records challenges filed by Kevin Mathewson, founder of Kenosha County Eye — but Mathewson filed a notice of appeal the very next day and says he is confident the Wisconsin Court of Appeals will reverse the decision.The reasoning behind the dismissal is already raising eyebrows inside the Kenosha courthouse. Judge David W. Paulson ruled that because Mathewson “knew substantially” what was behind the redactions in a heavily blacked-out government memo, he was not entitled to receive an unredacted copy of the record.

In essence, the court concluded that prior knowledge — even partial knowledge — eliminates a citizen’s right to obtain the official document itself.
Mathewson argues that approach turns Wisconsin public records law on its head.

(File Photo by Kevin Mathewson, Kenosha County Eye)
“Imagine if the Department of Justice or a federal judge said, ‘Well, we all know what’s behind the redactions in the Epstein files, so there’s no need to release them,’” Mathewson said. “That would be absurd. The entire point of public records is documentary proof — not rumor, not assumption, not secondhand knowledge. The judge’s reasoning is the same nonsensical approach.”

Mathewson said that as a journalist, personal knowledge alone is never sufficient to publish a story.
“I can certainly know something,” he said. “But knowing it isn’t enough. I need documentation. I need proof. That’s how you protect yourself from frivolous lawsuits — something I’ve now experienced twice. Public records are the shield. They are what allow a journalist to report accurately and defensibly. Without the document, you don’t have protection.”

Paulson was assigned to the case after all Kenosha County circuit court judges recused themselves. He ruled February 19 that Kenosha County properly redacted a September 4, 2025 memorandum authored by Kenosha County Clerk of Courts Rebecca Matoska-Mentink.

The memo concerns Mathewson’s conduct while photographing defendants during intake court. According to court filings, the memo was generated after Kenosha County Circuit Court Judge Chad Kerkman directed Clerk of Courts Rebecca Matoska-Mentink to conduct an internal review regarding Mathewson’s activities in intake court, a directive Mathewson says followed his lawsuit against Kerkman.
The resulting memorandum, now part of the public court record as Exhibit B, recounts an incident in which Mathewson, while bending over to photograph defendant information, experienced a wardrobe malfunction that exposed part of his backside. The memo references multiple individuals and events during intake proceedings.
Kenosha County argued it redacted identifying information to protect employee privacy and safety. However, Paulson’s written decision references approximately 37 or more redactions throughout the document — far more than a single name or limited identifying detail.
“They want the public to believe this is about protecting one employee,” Mathewson said. “But when you have nearly three dozen redactions, that’s not just a name. That’s a document that has been gutted.”
In his ruling, Paulson focused on Mathewson’s acknowledgment that he knew the identity of at least one individual interviewed in connection with the memo, despite the document referencing multiple people. The judge concluded that if Mathewson already knew the redacted information in substantial part, there was no need to compel production of the unredacted document.
Mathewson also sharply criticized the procedural handling of the case, arguing Paulson effectively converted what was styled as a motion to dismiss into a summary judgment ruling without providing the procedural safeguards required under Wisconsin civil procedure.
“He allowed affidavits and outside materials that were never properly entered into evidence,” Mathewson said. “Under basic civil procedure, once you consider matters outside the pleadings, you have converted the case into summary judgment. I was never given the opportunity for discovery or to fully respond as the rules require.”
He added: “I can’t believe that as a community college dropout, I seem to know more about basic civil procedural law than a multi-decade attorney who has been a judge for over a decade. I’m alarmed — but not surprised — that he would stick up for Deputy Chief Judge Chad Kerkman, who he may view as his boss. In reality, the voters are his boss. Paulson is an ingoramous, and one of the worst judges I’ve dealt with, and I’ve dealt with Chad Kerkman,” added Mathewson.

(File Photo by Kevin Mathewson, Kenosha County Eye)
The financial cost to taxpayers is also escalating. County Executive Samantha Kerkman has authorized what Mathewson estimates to be between $20,000 and $30,000 in outside legal fees to defend the redactions, despite Mathewson’s assertion that the records are clearly public under Wisconsin law. With the appeal now underway, he warns that figure could double or triple.
“I really can’t believe that Samantha Kerkman, our county executive, is using so much taxpayer money to protect such inconsequential data just to help out her ex-husband,” Mathewson said. “Why does that have to cost the taxpayers so much money?”
“This case is about whether the government can black out a document and then say, ‘You already know what it says, so you don’t get to see it,’” Mathewson added. “If that logic stands, it weakens public records rights across Wisconsin. I hope the Court of Appeals does the right thing.”
Mathewson represented himself in circuit court and is appealing to the Wisconsin Court of Appeals, District II.























29 Responses
What about the restraining order court date
Huh?
The Kerkman family is unbelievable! Thank you Kevin for exposing them for what they are doing and wasting our tax money!
Why is Racine the default county to pawn off all our conflict cases ??
What about Walworth. They’re right next door !
Sure just a few more mile to drive but is there a law or a rule that Racine is it ?
Seriously, what’s the difference ?
Mark 1 for the good guys!
Is this Chad ? 🤡
Classic case of legislating from the bench. If the law is inconvenient, the judge just tweaks it until he gets the desired result.
It’s a good thing you stopped going to college. You are much smarter for it!
Just call it what it is, indoctrination.
Yes, Trump loves the uneducated!
That’s the Democrat line .
How can it be the Democratic line when Trump actually said it.
Howard Brown would have gone to the mattresses to protect the rights of his journalists….regardless of the politics. I know Kevin is no “Yale” man, but he has the same drive and understanding of the law. Don’t give up. We need you on that wall!
Damn right !
You KNOW why they think they can get away with this stuff in the first place, don’t you??
Most “conservatives” have sat on their butts for the last 30 years …. failing to stand up
for their rights.
When a population doesn’t stand up, they lose …….
Yes. I have documented Iowa’s RINO party using Marxist tactics and worse. They are unethical, undisciplined and unfit. My new book, Domestic Terrorism: USA vs Veterans and the First Amendment, raises pendent issues even the Federal Courts are refusing to recognize and understand our Rights as reiterated in both Federal and STATE Constitutions.
Couldn’t you argue sexual harassment?, since they are so focused on your backside? What would happen if this was a woman……
Good point !
Appeal Appeal Appeal!
Don’t let a Reprobate Judge’s failed judgement stand in the way of the Law.
These reprobate judges believe they are Above the Law and claim “Absolute Immunity” from being held accountable and my federal cases demand narrate that reprehensible behavior is fiercely protected. Research US District Court Southern Iowa Chief Judge, Stephanie “the Hulk email” Rose. OMG. Here’s proof, beyond any reasonable doubt, and yet she sits.
Do a Forensic Audit of “judges” financials. Look at Multiple Mortgages to see if he/she claimed “Primary Residence.” If there is any overlap in time-line: FRAUD! Felonies await them
This is absurd! The law is the law, and the judge cannot change it to fit his desired outcome! Good luck with the Court of Appeals. I am sure you will win. We need to focus on ending the evil Kerkman dynasty!
Those Judges are probably all buddies! No doubt!
NOT related to the judge or Kenosha County Eye…..
But, Racine Judges have a less than admirable record when it comes to open records law….
https://captimes.com/opinion/column/dave_zweifel/plain-talk-racine-open-records-case-is-a-head-scratcher-but-not-funny/article_ab481ac4-7976-59a4-8257-866befb7b3c4.html
I’m not going to comment on the case because it should wind its way through the court of appeals (and I’ll be very interested in the decision).
That said, at least you have to say that this judge’s photo looks a lot better than the one to the right.
Kevin your work and dedication to our community is admirable. Thank you for doing your best to expose these officials . Democrat , independent or republican we’re sick of these officials thinking there power is untouchable. They’re wrong.Kevin please run for county executive next time around or how about announcing you as a write in this time ! You can be the leader to clean up Kenosha County . God bless ya