(Kenosha County Sheriff’s Office)
KENOSHA, Wis. — More than three years after Wisconsin voters approved a constitutional amendment expanding the factors judges may consider when setting bail, a third-offense OWI defendant who repeatedly received no-cash bail and then failed to appear in court three times was finally ordered Friday to post only $500 cash to secure his release.
(Kenosha County Sheriff’s Office)
Michael P. Henley, 60, of North Chicago, appeared Friday before Liberal Activist Supplemental Court Commissioner Tracey Braun after being arrested on a bench warrant issued when he again failed to appear for a scheduled court hearing. Braun vacated the warrant and ordered Henley held on only a $500 cash bail despite his repeated failures to appear throughout the case. She also ordered him not to possess or consume alcohol, controlled substances without a prescription, or drug paraphernalia, and not to drive without a valid driver’s license.
Henley’s case highlights what critics warned could happen if courts continued to rely on no-cash or minimal cash bail for repeat drunken driving defendants, even after Wisconsin voters approved a constitutional amendment giving judges broader authority to protect the public and address repeat offenders.
For decades, Wisconsin courts primarily used cash bail to ensure a defendant’s appearance in court. That changed in April 2023, when Wisconsin voters overwhelmingly approved a constitutional amendment allowing judges to also consider the seriousness of the alleged offense, a defendant’s criminal history, prior failures to appear, and the need to protect the public from serious harm.
Despite those expanded constitutional considerations, Kenosha’s judiciary has continued to routinely grant no-cash or relatively low cash bail to repeat OWI defendants. Henley’s case demonstrates one practical consequence of that approach: repeated failures to appear that have delayed his prosecution for more than a year.
Henley’s case also reflects what many defense attorneys, prosecutors, and law enforcement officers have quietly criticized for years. Despite the constitutional amendment, all four Kenosha County criminal judges—Jason A. Rossell, David O. Hughes, Jodi L. Meier, and Heather Iverson—continue to be notably lenient on repeat OWI offenders. Even defendants convicted of fourth-offense OWI, a felony, are frequently granted work release. In many cases, that allows offenders to leave jail for work during the day and return home each night rather than remain continuously incarcerated. Many believe the longstanding influence of the Wisconsin Tavern League continues to shape Wisconsin’s generally lenient treatment of repeat drunken drivers.
According to the criminal complaint, Henley was stopped by a Kenosha police officer on May 14, 2025, after the officer discovered the Illinois registration on his Mini Cooper returned “No Record on File” and observed a malfunctioning brake light. During the traffic stop, the officer reported seeing an open can of Icehouse beer inside the vehicle and immediately smelling a strong odor of alcohol. Henley allegedly admitted he had consumed “a beer.” The officer reported that Henley’s speech was slurred, his eyes were bloodshot and glassy, and he displayed numerous clues of impairment during standardized field sobriety tests before he was arrested for operating while intoxicated. A blood sample was later obtained.
The complaint alleges Henley has two prior qualifying OWI convictions—one in Virginia in 1992 and another in Illinois in 2021—resulting in a charge of third-offense operating while intoxicated.
Court records show the case has been plagued by Henley’s repeated failures to appear.
After charges were filed in June 2025, Henley failed to appear for court. He eventually made a voluntary appearance before then-Court Commissioner William Michel II on July 29, 2025, where he was released on no-cash bail.
Just weeks later, on Sept. 11, 2025, Henley again failed to appear for a final pretrial conference. Judge Heather Iverson issued a bench warrant with a $1,000 cash bail. Henley later returned voluntarily, the warrant was canceled, and he was again released on no-cash bail.
The pattern continued on Feb. 27, 2026, when Henley failed to appear for a scheduled status conference. Judge Iverson issued another bench warrant carrying a $1,000 cash bail. Henley voluntarily returned to court on May 22, 2026. Although prosecutors requested a $1,000 cash bail, Braun instead released him on another no-cash bail with a $5,000 signature bond.
On July 23, 2026, Henley failed to appear for court for the third time after receiving no-cash bail. Judge Iverson issued yet another bench warrant, this time authorizing a $500 cash bail.
Henley was taken into custody and appeared before Braun on Friday. Despite his history of three missed court appearances, three bench warrants, and repeated failures to comply with court orders, Braun ruled that he could again be released after posting only $500 cash.
Henley’s final pretrial conference is scheduled for Sept. 4, 2026.
One Response
It is hardly surprising that the most disgraceful commissioner in this county’s history was the one who released him without any cash bond. Will you ever tell us who voted to nominate Billy the Useless as intake commissioner in 2023? Whose initiative was it?