KENOSHA, Wis. — Kenosha County Circuit Court Judge Jason Rossell told county supervisors last week that a statewide shortage of attorneys — not the District Attorney’s Office — is a major factor behind the growing backlog of criminal cases in Kenosha County.

Rossell made the remarks during the Kenosha County Board’s Judiciary and Law Enforcement Committee meeting on Wednesday, March 4, offering a markedly different explanation than one previously circulated by Circuit Court Judge Chad Kerkman.

Rossell told supervisors the courts are dealing with a significant decline in practicing attorneys locally and statewide, particularly attorneys who take public defender appointments, which has slowed the pace at which criminal cases can move forward.

“Judge Rossell is correct. I am assigned to his branch, where many of the most serious cases are handled. While we may not agree on every issue, I respect his decisions and have learned a great deal practicing before him,” said Solis Monday evening.

According to Rossell, Kenosha County lost roughly 20 percent of its practicing attorneys between 2020 and 2024, based on data from the Board of Bar Examiners. The figure may actually understate the problem because the state’s licensing numbers include retired judges and attorneys who still hold law licenses but no longer actively practice.

The shortage is especially noticeable in felony cases, where proceedings often cannot move forward until a defense attorney is appointed.

Rossell said delays in assigning defense attorneys alone can push cases back 30 to 45 days, contributing to the growing backlog in local courtrooms.

He also revealed the scope of the caseload judges are facing.

Rossell said he is currently managing 967 pending cases, nearly double the number he inherited when he began his current assignment in 2018.

When Rossell took over that rotation, he had about 487 cases. The backlog climbed to more than 1,100 cases after the COVID-19 pandemic disrupted court operations statewide, and it has only gradually declined since then.

“The problem of backlog is not a Kenosha problem — it is a statewide problem,” Rossell told supervisors.

Rossell explained that strict legal deadlines also force judges to prioritize certain cases over others. Speedy-trial demands, interstate detainer cases, and defendants already in custody must be tried within strict statutory timelines or risk dismissal, meaning those cases move ahead of others regardless of the underlying charges.

Rossell’s explanation stands in sharp contrast to comments previously made by Circuit Court Judge Chad Kerkman.

In a January email discussing delays in Kenosha County courts, Kerkman attributed scheduling problems to staffing shortages in the District Attorney’s Office and provided a reporter with a list of specific cases that he claimed illustrated problems with prosecutors.

The email was sent to David Kollath, who broadcasts under the radio name David Cole on WGTD, a public radio station operated by Gateway Technical College.

In the message, Kerkman provided Kollath with more than a dozen Kenosha County case numbers and asserted that the District Attorney’s Office had mishandled or failed to prosecute those matters.

For example, Kerkman wrote that one felony drug case was dismissed because “no one from the DA’s office appeared in court.”

The email includes numerous other cases that Kerkman cited as examples of alleged problems involving prosecutors.

Kenosha County Eye obtained the email in February through a public-records request to Gateway Technical College, which owns and operates WGTD. The message was produced by the publicly funded college.

Judge Kerkman did not previously disclose this email to Kenosha County Eye.

After reviewing several of the cases Kerkman cited, Kenosha County Eye also spoke with attorneys involved in some of those proceedings. Those attorneys said the situations were far more complicated than Kerkman suggested and that responsibility for delays or issues often involved multiple parties, including defense attorneys, court scheduling issues, or judicial decisions — not simply the District Attorney’s Office.

In some instances, attorneys said the problems Kerkman described were not attributable to prosecutors at all.

The email itself also raises questions about judicial conduct.

Under Wisconsin Supreme Court rules governing judges, several provisions could apply to communications like the one Kerkman sent.

SCR 60.04(1)(g) prohibits judges from publicly commenting on pending or impending cases if the comment could reasonably affect the outcome or fairness of the proceedings.

SCR 60.03(1) requires judges to uphold the integrity and independence of the judiciary and avoid conduct that could undermine public confidence in the courts.

SCR 60.03(2) requires judges to avoid not only actual impropriety but also the appearance of impropriety and to act in a way that promotes confidence in their impartiality.

Providing a reporter with a list of specific cases and characterizing alleged failures by one side in those cases could raise concerns under those rules, particularly if any of the cases remain pending or involve parties appearing before the judge.

Kenosha County Eye asked Kerkman whether he believed it was appropriate for a sitting judge to send an email discussing specific cases and criticizing the elected district attorney.

Kerkman did not respond.

Rossell’s testimony before the county board committee last week paints a significantly different picture of the challenges facing Kenosha County courts.

Rather than blaming prosecutors, Rossell described a combination of factors including defense attorney shortages, the lingering effects of the pandemic on court scheduling, and strict statutory deadlines that dictate the order in which criminal cases must be heard.

Rossell most recently served as chief judge of the judicial district, a leadership role responsible for overseeing the administrative operations of the courts.

His explanation suggests the growing backlog in Kenosha County courts reflects broader systemic pressures affecting the legal system across Wisconsin — not simply staffing levels within the local District Attorney’s Office.