Outagamie County Judge Mark McGinnis to Resign, Will Not Face Criminal Charges

APPLETON, Wis. (August 29, 2025) - A special prosecutor announced Thursday that Outagamie County Circuit Court Judge Mark McGinnis will resign his seat effective February 1 and will not face criminal charges for ordering the detention of a cement contractor during a probation hearing in December 2021.

La Crosse County District Attorney Tim Gruenke, appointed by the court in March 2024 to oversee the investigation, cited three factors in his decision not to pursue charges: McGinnis’s acknowledgment that he could have handled the dispute differently; the judge’s decision to retire; and concerns about separation of powers in prosecuting judicial actions.

McGinnis informed Governor Tony Evers of his resignation in a letter dated August 27, indicating that the February 1 timing aligns with his 55th birthday to secure retirement benefits. In that letter, the judge expressed gratitude for serving his home county and announced plans to pursue judicial education and legal consulting opportunities after his departure.

The case stemmed from a probation review hearing in which McGinnis ordered Fremont contractor Tyler Barth jailed for 90 days-despite no pending theft charges-to compel repayment of a personal debt to a courthouse employee. Barth spent three days in custody before an attorney persuaded McGinnis to release him.

With McGinnis’s planned February retirement, Governor Evers will appoint a successor to complete the remainder of his term, which runs through July 2029.