Judge Mark McGinnis will resign Feb. 1, he wrote in a letter to Gov. Tony Evers on Wednesday.
The resignation comes in the wake of reports by the nonprofit investigative journalism outlet Wisconsin Watch. According to its investigation, McGinnis jailed a man in 2021, even though he had not been arrested or charged with a crime. La Crosse County District Attorney Tim Gruenke was appointed as a special prosecutor to look into McGinnis’ handling of the case. He decided not to charge McGinnis.
“The fact that it happened a few years ago was one factor, the fact that he acknowledged that, in retrospect, it wasn’t his best day and should have probably done it differently,” Gruenke told FOX 11. “The fact that he’s resigning or retiring is a factor, not a definitive one, but I also considered he’s not going to be a judge anymore, so this isn’t going to happen again.”
“And it’s also the fact that charging a judge for behavior on the bench is a serious charge and it gets into a question of the separation of powers, of having the executive branch charging a judicial branch actor for decisions made in the courtroom, and judges do make mistakes. They’re human beings. We’ve got a court of appeals and a supreme court and a judicial commission to monitor those things and this didn’t seem like the case that should test those parameters, and where do you draw the line between making the wrong decision or an improper decision, versus a criminal charge?”
When reached for comment, McGinnis emailed FOX 11 a copy of the notice he sent to Evers. It indicates McGinnis decided several years ago to step down in early 2026.
McGinnis’ resignation letter does not address the case. McGinnis says he is stepping down shortly after he turns 55, citing benefit and pension reasons, and will be in the middle of his 21st year as a judge. He also says the timing aligns with other professional opportunities.
McGinnis writes:
It has been the greatest privilege of my professional career to serve the citizens of Outagamie County — my childhood home — and the people of the State of Wisconsin. Serving the county where I grew up has been a unique honor, allowing me to give back to the community that shaped my values and aspirations. I have witnessed firsthand the resilience, compassion, and commitment of the people of Wisconsin, and I will carry these experiences with me into the next chapter of my professional journey.
McGinnis says he plans to get involved in educating judges throughout the United States and internationally, and provide legal consulting to people and businesses.
It will be up to Evers to appoint a replacement to serve the remainder of McGinnis’ term.
