Judge of the Kenosha County Circuit Court Chad Kerk (D)
(Kevin Mathewson, Kenosha County Eye)
Kenosha, Wisconsin – the judge of the Kenosha County Circuit Court, Chad Kerkman (D), has again overridden a higher court. On January 22, 2025, the Wisconsin Court of Appeal raised a judgment by Kerk in a custody that marked another example.
Paid advertising
In the recent reversal, the appellate court was known to a father, who was known under the pseudonym “Tyrone”, who exceeded a dispositional arrangement that exceeded the custody of his daughter Serena (also a pseudonym) to which Kenosha County Division of Children and Family Services . The Circuit Court, who was headed by Richter Kerkman, had decided to take the child into care after a judgment of the jury, which had found that she had been neglected by her parents.
Paid advertising
Key questions in the appeal procedure
Tyrone's appeal solved three main arguments: (1) The circuit court attributed its application to judicial substitution. (2) the Court of Justice approved in court proceedings; and (3) There was no sufficient evidence of the jury's judgment.
Paid advertising
While the Court of Appeal rejected the latter two arguments, it decided decisively about the legal set of reversing Kerkman's decision and recovering the case for a new procedure from another judge.
Paid advertising
A procedural abuse or a judicial presentation?
During the first hearing in September 2023, Tyrone's lawyer submitted an application to replace the judge. However, the application was unsigned due to the procedural confusion – Tyrone was removed from the hearing due to disturbing behavior before signing it, and his lawyer was given permission to withdraw. The court officer, who monitors the hearing, nevertheless confirmed that the application was “submitted in the right form” and “submitted in time”. Nevertheless, Richter Kerk refused the application for replacement the following day and cited the missing signature as the reason.
Two weeks later, Tyrone tried to correct the situation by asking the investigation of the documents, but no further measures were taken by the court to allow this. The case went to court in front of judge Kerk and ultimately led to the decision that Serena was put in foster families.
Court of Appeal finds a mistake
Wisconsin's Court of Appeal firmly rejected the state's argument that Tyrone had not saved the replacement problem for the appeal. The court found that the legal judge must not directly refuse the application under state law without giving tyrone the opportunity to correct the omission. The Court of Appeal also found that the state could not refute Tyrone's arguments, and effectively stated that a mistake had been made.
As a result, the Court of Appeal took over the dispositional order and put the case for a new trial in front of another judge of the judge in another circuit.
A pattern of reversal
Richter Kerkman's legal decisions were frequently checked, with several decisions in the appeal procedure being lifted. Critics argue that his reverse pattern has concerns about judicial competence and fairness in his courtroom. Right analysts suggest that the repeated overturning of his decisions could indicate that they comply with proper judicial proceedings, which may affect the lives of countless people who come in front of his bank.
Richter Kerkman was recently appointed the deputy judge of Kenosha, Walworth and Racine by the Liberal Court of Wisconsin by the Liberal Court of Wisconsin. This appointment has questioned criticism of those who question his court files and the frequency with which his decisions were lifted.
With this most recent decision, the case of Tyrone and Serena is to be reproduced as part of a new judicial surveillance, a decision that underlines the importance of the proper procedure and the proper legal protocol in Wisconsin justice system.
While Kenosha County continues to deal with controversial legal disputes and appeals, all eyes remain on the judge Kerkman's court acts – and whether his decisions will continue to be examined.
Comments are closed.