“They Did Their Best,” Kenosha Activist Judge Says As He Refuses To Correct KUSD Election Error

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Kenosha Judge Chad Kerkman (D)

Does the Kenosha Unified School District have to get things right when they administer elections for the local school board? Not so long as they “do their best,” says Kenosha Judge Chad Kerkman (D).

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Kenosha Unified School Board Board Member Eric Meadows
(File Photo by Kevin Mathewson, Kenosha County Eye)

The activist Judge held a 20 minute hearing last Thursday, September 21, 2023 in regards to a suit filed by conservative school board member Eric Meadows. Meadows filed suit against the Kenosha Unified school district in April, shortly after the district, lead by Superintendent Jeff Weiss (D) and Board President Yolanda Santos (D), stripped Meadows of one year of his term due to a “clerical error.” At the end of the short hearing, Kerkman provided no explanation for his decisions and glossed over the highly intricate matters of law. He simply ruled, dismissing Meadows’ suit. It is entirely possible that Kerkman didn’t read the long legal briefs in this case, and that is why he didn’t give a legal explanation. This isn’t uncommon for the activist liberal judge.

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For example, on March 22, 2023, during a Child in Need of Protection and Services (CHIPS), Kerkman sided with DCFS, which he usually does. However, the attorney for the mother suspected that Kerkman didn’t read all of the legal briefs, so he did what most attorneys would not – he asked the Judge:

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ATTORNEY: Your Honor … did you review
the request?
KERKMAN: I have made my decision.
ATTORNEY: So you didn’t review the request?
KERKMAN: I have made my decision.
ATTORNEY: Okay. I understand that you’ve
made your decision. I asked you a question. Are you
willing to answer it?
KERKMAN: And I’m not answering it. I said I have
made a decision.

ATTORNEY: Okay.
KERKMAN: You don’t get to ask that question.
ATTORNEY: Okay

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At the end of this hearing, Kerkman, who isn’t used to being questioned, fined the attorney $100 (which he does often) and found the lawyer in contempt. The lawyer appealed. The Wisconsin Court of Appeals ruled that while Judges can be disrespectful to lawyers, the opposite is not true, saying:

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“[The lawyer] was exhibiting both ‘[m]isconduct in the presence of the court … which impair[ed] the respect due the court’ and ‘resistance … of the authority’ “

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Judge Chad Kerkman (D) and Prosecutor T. Clair Binger (D)
(Facebook)
Kerkman and Binger’s Bromance In Full Swing At the Opera
(Facebook)

Kerkman doesn’t hide his partisan political views. He is constantly posting pro-LGBT materials on Facebook, topless beach photos and Opera photos with T. Clair Binger, a good “friend.”

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Kerkman has been reversed several times by the court of appeals and federal courts. This is something that higher court rarely do.

Meadows will now find himself running for re-election (if he chooses) one year earlier than planned. Asked if he will appeal, Meadows says he won’t appeal because the likelihood of getting a ruling in time is low.

Meadows released the following statement in response to Kerkman’s ruling:

“The first amendment to the US Constitution guarantees the right to seek redress of grievances. The framers understood that a person’s natural, God-given right was to seek justice when they have been wronged. This includes times when the government itself is in the wrong.

I was wronged by Kenosha Unified School District. The thousands of voters who voted for me were wronged by Kenosha Unified School District. I ran for and won a three-year term in the spring of 2022. Nine months into my term, a clerical error was discovered in the election notice. One of the three seats should have been for a one year term, not a three-year term. After consulting their attorneys, the KUSD administration determined that I was the one that would have to be vacated from my seat after only one year. Instead of bringing this situation up in a public meeting and voting on it, as is required by KUSD board policy, it was decided in closed-session without a vote. ‘No discussions of any matter shall be held and no action taken of any kind, formal or informal, by the School Board while in executive session except as specifically authorized by law.‘ Ousting a fellow member of the board is not an item authorized by law.

Naturally, I sought my own legal counsel in this matter to find a resolution that didn’t simply try to sweep their mistake under the rug, and that didn’t ignore the will of the voters of Kenosha who voted for me for a three-year term.

KUSD is guilty and admitted to multiple mistakes, from errors on election notices, to unlawfully petitioning for a judge substitution when they didn’t like the judge assigned, to only holding an election for one seat this past spring. We have learned that attorneys hired by the district can make decisions and that the board, the actual governing body of the district, just follows along. What are the consequences for their mistakes in election law? What are their consequences for not following their own board policy? How does one hold a government entity accountable for their sloppy administration?

The answer we learned in my case is that there is nothing you can do. You can seek redress, but if you do, you’ll suffer all the consequences while the government entity doesn’t even get a slap on the wrist.

How is this justice?“

Author

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34 Responses

  1. KUSD and the majority of its Board is completely lawless. Kids can’t even read after they graduate. Take your children out now because they aren’t learning anything.

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  2. “They did their best” … to do what? Get the loud conservative off the board, that’s obvious. Respect other board members or the public? Nope. Follow their own rules for meetings? Rarely. Follow the law? Doesn’t look like it. Wait… isn’t the question in court whether they acted in good faith and according to any pertinent rules and laws?

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  3. Regarding the Bromance:

    If it looks like a duck, walks like a duck, quacks like a duck, it’s probably a duck or….they are in another type of “brotherhood”.

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  4. I would hope that everyone would tone down the rhetoric and get to the facts.

    It seems the one thing that people agree on is that the school district screwed up with respect to the length of the term. If that’s true, then the next question should have been, “What is the remedy?” And, then, “What is the legal authority for that remedy?”

    In a perfect world, of course, there would be a perfect answer to that question. Sometimes there may not be one, such as it being a novel legal question without precedent.

    In that case, everyone is pretty much “making law” and it helps the appellate courts when the trial courts explain the rationale for a decision, including the authority relied upon in making it.

    5
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    1. Unfortunately he didn’t give a valid judicial opinion, other than they did their best. So your otherwise well reasoned statement falls apart in your closing statement.
      I’m so tired of all of us word warriors talking crap but not doing a damn thing. Get involved! Get off the keyboard and host rallies, go to the public meetings, put forth a viable alternative candidate support your political party and most of all, VOTE!
      The loss we took on the Governor and the Supreme Court is getting ready to change Wisconsin and Kenosha County for perhaps a generation.

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      1. If correct, you identified the point well: the judge didn’t give the rationale for his decision. He should be able to back it up. This has zilch to do with politics but rather judicial competence.

  5. What would you expect from a street vendor from Twin Lakes? The Fentanyl capital of Kenosha County. He and his “partner” are could be regulars at the beach bar. I smell a stink finger in Twin lakes.

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  6. Joel Trudell seems to be obsessed with meadows. Every time I try to read one of his articles it’s all that clown. Surprised he hasn’t been charged with stalking or misinformation

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  7. They did their best? But is that the law? This judge has let the power of the position go to his head and not follow the law as written it is very apparent. So, when he runs for reelection, make sure there is another option on the ballot. Time for a competent Lawyer to step up and run against these incumbent judges who think they have this position as long as they want.

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    1. Completely agree with you, we need to put up a valid alternative to these liberal, society killing Judges.
      Sadly, the Bar is one giant members only club and an extremely rare member will step outside of the anoited circle.
      To be fair what can we expect? When you’re sent to liberal elementary and high schools, make it through liberal colleges and study law at liberal law schools, you can’t help to have a liberal taint. Believe me 95% of all phases of our education system have liberal Constitution bending agendas. To paraphrase Nikita Khruschev former Premier of the Soviet Union, we will take your country without ever firing a shot!

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      1
      1. This judge is an equal opportunity sourpuss. He’s often bounced off of cases by attorneys because of his demeanor. His first election was sickening where he (aided by his then wife) did an unfair character attack on Fred Zievers. Many lawyers in Kenosha never forgave that.

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        0
  8. What a rotten B.S. move on Kerkman’s part! I thought he had more brain cells than this to follow the corrupt KUSD board. The ONLY reason YOLANDA did this was to continue pushing her radical liberal board further to the left and completely strip parents of all rights. By this move alone, parents should pull their kids out of the public schools and homeschool or send them to a private school. Unbelievable. You see, the corruption does begin at the bottom.

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  9. Eric Meadows should appeal and should not.

    First. Regardless of when the appeal is decided, the precedent of this decision needs to be decided by a higher court. Otherwise they’ll do it again.

    Or Second. If he wins in court “after” winning his new 3 year seat a year sooner, then that seat comes into question.

    Tough decision. Either way Eric, you’ll have support of the people.

    14
    1
      1. If the judge didn’t explain himself the appeal could become easier. Appellate courts may not always agree with a trial judge but if the trial judge considered the law, applied it to the facts and gave a well-reasoned explanation for the decision it gets a lot of deference on appeal. Otherwise, the appellate court will take an independent stab at the record.

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  10. Chad kerkman sided with somers in a case that there should have been charges brought against the somers village board but he ignored a 60 plus page letter written to him by me. Kerkman is a loser!

    10
    1
  11. Did Attorney David Patton ever pay his $100 fine?
    At least he showed up at that hearing; usually people hire him and then he just sends attorneys he sub-contracted with who are just out of law school to handle the cases.

    1
    1
  12. Unfortunately he didn’t give a valid judicial opinion, other than they did their best. So your otherwise well reasoned statement falls apart in your closing statement.
    I’m so tired of all of us word warriors talking crap but not doing a damn thing. Get involved! Get off the keyboard and host rallies, go to the public meetings, put forth a viable alternative candidate support your political party and most of all, VOTE!
    The loss we took on the Governor and the Supreme Court is getting ready to change Wisconsin and Kenosha County for perhaps a generation.

    6
    1
  13. Contact HSLDA ( Homeschool Legal Defense Association) and find out the right steps to legally and officially pull your kids out of the Public School System! Wisconsin is pretty homeschool friendly, but the school officials try to intimidate parents, especially single parents, saying they will call authorities on them if they pull them out. HSLDA has a lot of information and attorneys that help you for free to fight the system. They are amazing! Membership is just a little over 100.00, but the free legal advice and free attorneys is beyond worth it if you need one! They also have scholarships to help pay for people’s memberships if needed. There are Homeschool groups all around Kenosha and Racine County as well. Make your own schedule, teach your children what YOU believe is important and get rid of all the garbage!

    8
    1
    1. Good luck with that. You’ll be waiting until you die just like all the other people over the last few thousand years, claiming some sky daddy was coming to save them. Magic isn’t going to save America. People getting off their ass and matching the activism of the Left is what will save us.

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  14. You mention:”We have learned that attorneys hired by the district can make decisions and that the board, the actual governing body of the district, just follows along”. Which attorney are you referring to here?

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  15. It’s called a Motion for a John Doe hearing. Anyone can file it to the State AG and the Eastern (or Western) district courts in Wisconsin. That forces the State AG to investigate and explain to a judge why something is or is not against the law.

    They’re also free to file.

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Jacob M. Johnson, 33, of Kenosha(Kenosha County Sheriff’s Office) KENOSHA, Wis. — A high-risk sex offender who was arrested just one day after being released from prison is now facing two new felony charges after prosecutors say he strangled and repeatedly bit another inmate inside the Kenosha County Detention Center. Jacob M. Johnson, 33, of Kenosha(Kenosha County Sheriff’s Office) You must be logged

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Homeless Felon Accused Of Cooking Steak In Fire Outside Kenosha Library, Later Found With Concealed Knife — Released On No-Cash Bail

Richard J. Vannucci, 50, of Kenosha(Kenosha County Sheriff’s Office) KENOSHA, Wis. — A 50-year-old homeless Kenosha man accused of starting a three-foot-high fire outside the Kenosha Public Library Southwest so he could cook a steak — and later being caught with a concealed knife despite a prior felony conviction — was released Friday on no-cash bail by Court Commissioner Daniel “Catch & Release”

Kenosha County Food Bank To Dissolve Despite $281,000 In Assets, Recent Surplus — Questions Remain As Facebook Comments Turned Off

KENOSHA, Wis. — The Kenosha County Food Bank announced it will dissolve and cease operations by the end of 2026, a surprising development that comes just months after the organization touted a new strategic partnership designed to strengthen its operations — and after its most recent federal tax filing showed more than $281,000 in net assets, no liabilities and a financial surplus. The

Kenosha Family Asking Community For Help After Man Undergoes Emergency Open-Heart Surgery

KENOSHA, Wis. — A Kenosha family is asking the community for help after Cole Tomassetti suffered a catastrophic medical emergency that nearly took his life and required emergency open-heart surgery. Tomassetti’s wife, Ashley Tomassetti, said her husband was rushed into surgery after suffering an aortic dissection — a dangerous condition involving a tear in the body’s main artery carrying blood away from the

Downtown Kenosha Plans Full Day Of Halloween Fun With Pumpkins, Trick-Or-Treating And Zombie Bike Crawl

KENOSHA, Wis. — Downtown Kenosha will turn into a Halloween destination Saturday, Oct. 24, with a full day of family activities, trick-or-treating, live music and a new nighttime Zombie Bike Crawl and Block Party. The City of Kenosha and Lakeshore Business Improvement District are teaming up for the daylong celebration, beginning with the Fall Into Fun Fest from 11 a.m. to 2 p.m.

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“Coach Morman Made Me Not Want To Play”: Years Of Complaints, Players Blast Westosha Central Baseball Coach; District Says It Has “Worked With” Him

Westosha Central High School Head baseball Coach and Physical Education Teacher Jacob “Jake” Morman SALEM, Wis. — Complaints about Westosha Central High School head baseball coach and physical education teacher Jacob “Jake” Morman stretch back nearly seven years, according to hundreds of pages of school records obtained by the Kenosha County Eye. The records show parents repeatedly went to administrators with concerns about

Robin Energy Goes To State After Local Opposition, Seeks Approval For Controversial 200-Megawatt Wheatland Battery Project

WHEATLAND, Wis. — After encountering fierce local opposition and withdrawing its local applications, Robin Energy Storage LLC has now taken its controversial 200-megawatt battery storage project to the Wisconsin Public Service Commission, seeking state approval for the massive facility proposed on agricultural land in the Town of Wheatland. The Sept. 30 filing marks a major new chapter in a fight that has played

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Antioch Man Admitted Viewing, Showing Child Pornography; $250,000 Cash Bail Set Amid Evidence He May Have Been Trying To Entice Juveniles

Phenex Q. Toppel, 24, of Antioch, Illinois(Kenosha County Sheriff’s Office) KENOSHA, Wis. — Phenex Q. Toppel, 24, of Antioch, Illinois, was charged Thursday with 14 felony counts of possession of child pornography after investigators say he admitted viewing child sexual abuse material and showing an image to another person online. Kenosha County Court Commissioner Daniel “Catch & Release” Kellum set Toppel’s bail at

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Kenosha ClearSky Rehab Hospital Employee Fired After Allegedly Stealing About $5,000 From Company; Multiple Convicted Felon Has Long History Of Theft, Fraud And Prison Time

Stevie Lorraine Bass, 39, of Zion, Illinois(Lake County Sheriff’s Office) KENOSHA, Wis. — ClearSky Rehabilitation Hospital of Kenosha CEO Josh Luke fired employee Stevie Lorraine Bass, 39, of Zion, Illinois, after she allegedly spent about $5,000 on a company credit card, including at least $2,500 to pay her own personal bills and additional money at a local tavern, according to information obtained by

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Kenosha Man Already Awaiting Trial On Child Pornography Charge Hit With 11 New Felonies After Police Find More Alleged Child Sexual Abuse Material

Timothy M. Bilger, 47, of Kenosha(Kenosha County Sheriff’s Office) KENOSHA, Wis. — A 47-year-old Kenosha man whose child pornography jury trial was canceled last month after his attorney told a judge he underwent emergency surgery and was hospitalized was hit with 11 additional felony child pornography charges Thursday after investigators said a deeper examination of his electronic devices uncovered numerous additional images and

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