space
space
Peshtigo Times
space
space
space
Perspectives
* Country Cousin
space
space
Sports Shorts
* Coleman Falls to Stratford at WIAA Team Sectionals
* 15 Area Wrestlers Qualify for State Competition
* Crivitz/Wausaukee/Oneida are M&O Tri-Champions
* Crivitz Cages Cougars For Outright M&O Title
* Thunder Claim Three Wins in Ashwaubenon

space
Peshtigo Fire
space
e-Edition
Now Available
For more information
click here
dot
THE CITY REBORN FROM THE ASHES OF AMERICA'S MOST DISASTROUS FOREST FIRE
space
dot
space

Dispute Continues Over Sex Offender Placement

Issue Date: August 23, 2017

The dispute between Wisconsin Department of Health and Marinette County over placement of violent sex offenders into supervised living arrangements in a house on Seventh Road in the Town of Pound continued on Tuesday, Aug 22 at a hearing before Judge James Morrison in Marinette County Circuit Court.

On Monday, Aug. 7, Marinette County Corporation Counsel Gale Mattison had filed a petition for an injunction and restraining order to prevent placement of sex offenders into the Town of Pound residence, and Judge Morrison had issued a temporary restraining order until the hearing could be conducted.

An Outagamie County Circuit Court Judge had ordered placement of Aristole Farmer in the Seventh Road home, and that issue also was the subject of a hearing there on Monday, Aug. 21. The judge in that case was expected to issue a verbal decision at 1 p.m. on Wednesday, Aug. 23 on a Town of Pound request for intervention. Town of Pound officials contend they weren't notified in advance of the prior Outagamie County Circuit Court proceedings.

At the Aug. 22 hearing in the Marinette County Courthouse the Wisconsin Department of Health was represented by Atty. Karla Zahorik Keckhaver of the Department of Justice in Madison and the county was represented by Mattison.

Keckhaver argued that the injunction request should be dismissed because notice had been improperly served on Department of Justice officials rather than those in the Department of Health.

At previous hearings, the Department of Health was represented by Department of Justice attorneys.

There were about a dozen persons in the courtroom for the hearing on Tuesday.

Morrison summarized the case, including Keckhaver's objections that the Department of Health was not properly served, "and perhaps more substantiative, that Marinette County Circuit Court does not have authority over another county circuit court," specifically the Outagamie County Circuit Court decision made by Judge Gage as one of his last acts before retiring.

Mattison explained she had personally called the Department of Justice to verify that they received the documents, and commented that was probably an error. She should have had her secretary call so she could testify as to the conversation. Mattison said she had receipts from the Department of Justice dated Aug. 10 that they had received the documents.

Keckhaver said there seemed to have been some miscommunication. She said the documents needed to be received by personal service, and should have been delivered to the Department of Health, not the Department of Justice.

Morrison pointed out that if he granted dismissal on that basis Mattison would go downstairs and immediately order the papers served on the Department of Health, and he would promptly issue another injunction. However, Keckhaver would not yield on that point, and eventually Morrison did just that, again with the caveat that he would again immediately approve the temporary restraining order.

Keckhaver said Marinette County was suing the wrong person, they should sue the judge in Outagamie County. Morrison noted a judge in Jefferson County has now also ordered placement of a violent sex offender into the Town of Pound residence, and asked, "How do we ever get to the nub of this problem?"

Mattison reminded the court that on July 26 Judge Morrison hd ruled that the Town of Pound residence did not meet the criteria required of a home for supervised sex offenders. Morrison said not only that, it also did not meet the needs of Jeffrey Butler, the specific offender he was asked to rule on.

Mattison noted on May 15, Judge Gage in Outagamie County signed an order giving Marinette County and the Town of Pound 90 days to either accept Farmer or find another suitable residence for him, but that order was never filed. Then on June 23 Gage issued the ruling stating that Marinette County had been identified as the county of intended placement on May 15. She repeated that the order was never filed, and neither the county nor the town ever had the 90 days' notice.

Keckhaver objected that she did not have copies of the decisions Mattison was referring to.

Judge Morrison had ruled on July 26 that the Town of Pound house was not a residential facility under definitions of Wisconsin statutes, a ruling that conflicts with the orders from Outagamie and Jefferson County Circuit Court judges. Mattison said she understands the Department of Justice intends to appeal Morrison's finding, and argued that an injunction should be ordered until that issue is settled. Morrison agreed it will probably go to Appellate court. "At some point we are going to have to get to the point of does that house meet the statutory requirements set in the law that went into effect on Jan. 1 of 2006."

He said a complicating factor "is this pesky little thing called jurisdiction," and in Wisconsin circuit court judges do not have the right to review the decisions of other circuit court judges.

"It's easy for a judge in Outagamie or Jefferson County to say let's place them in Marinette County," Judge Morrison commented. "I understand the Department of Justice gave Ms. Mattison bad information (as to the service of notice)." He added, and repeated that was a technical error, easily and quickly corrected. "If I grant your motion to dismiss, this is not over," Morrison told Keckhaver. "I'm just trying to be sensible."

Several times during the proceedings Morrison said he was trying to prevent wasting the time of everyone involved. Mattison noted the placement of Farmer into the town of Pound residence had only been delayed until Saturday, Aug. 26, and whatever the Outagamie Court judge decides on Wednesday would determine what she had to do next.

"I trust that nobody in this room would do anything dishonorable," Morrison commented. He dismissed the injunction with the understanding that it would be promptly replaced with another temporary restraining order, and with the understanding that neither Farmer nor anyone else is to be placed in the Town of Pound residence until the restraining order is lifted. "I understand that this is a big problem for everybody," he agreed, and advised Keckhaver to tell her client, "Let's try to do this in a sensible way."


Recent stories, opinions and photos

Issue Date Department Headline
02-21-2019Obituaries
Reuben L. Behrendt

02-21-2019Obituaries
Arlyss C. Bero

02-21-2019Obituaries
Frederick Boehm

02-21-2019Obituaries
Dennis F. Bomberry

02-21-2019Obituaries
Dorothy Doehler

02-21-2019Obituaries
Judith A. Ethington

02-21-2019Obituaries
Joseph J. Fonferek

02-21-2019Obituaries
David N. Francis

02-21-2019Obituaries
Roger A. Gabriel

02-21-2019Obituaries
Peggy A. Gorski

02-21-2019Obituaries
Kenneth Haddon

02-21-2019Obituaries
Clement F. Hurda

02-21-2019Obituaries
Ricky Johnson

02-21-2019Obituaries
James W. Josephson

02-21-2019Obituaries
Evalene G. Kalous

02-21-2019Obituaries
Fredrick G. Kodric

02-21-2019Obituaries
Louis J Kohlbeck

02-21-2019Obituaries
Garrett Lafferty

02-21-2019Obituaries
Joshua G. Mathieu

02-21-2019Obituaries
Mariana K. Meissner

02-21-2019Obituaries
James Meyers

02-21-2019Obituaries
Mary C. Millan

02-21-2019Obituaries
Fr. Vincent J. De Leers O. Praem

02-21-2019Obituaries
Darrel G. Pagel

02-21-2019Obituaries
William "Bill" Rader

02-21-2019Obituaries
Helene M. Smiltneek

02-21-2019Obituaries
James A. Smith

02-21-2019Obituaries
Nicholas Thoney

02-21-2019Obituaries
Agnes M. Toberg

02-21-2019Obituaries
Marie A. Usher

02-21-2019Obituaries
Marcella VandenBush

02-21-2019Obituaries
Thomas A. Van Lanen

02-21-2019Obituaries
Judith A. Wagner

02-21-2019Obituaries
Terry L. Westphal

02-21-2019Obituaries
Glenn O. Yeazel

02-21-2019Sports
Coleman Falls to Stratford at WIAA Team Sectionals

02-21-2019Sports
15 Area Wrestlers Qualify for State Competition

02-21-2019Sports
Crivitz/Wausaukee/Oneida are M&O Tri-Champions

02-21-2019Sports
Crivitz Cages Cougars For Outright M&O Title

02-21-2019Perspectives
Country Cousin

02-21-2019Perspectives
From My Window

02-21-2019Perspectives
From our readers

02-21-2019Community - Wausaukee
Athelstane Will Only Salt/Sand Private Drives For Emergencies

02-21-2019Community - Wausaukee
Wausaukee Lions Tournament Sign-Up

02-21-2019Community - Wausaukee
Open Enrollment at Wausaukee School

02-21-2019Community - Wausaukee
Wausaukee Lions Hosted Crivitz for Valentine Party

02-21-2019Community - Crivitz
High Falls Radar Run Is Saturday, Feb. 23

02-21-2019Community - Crivitz
Suring School Board Discusses Possible Snow Make-Up Times

02-21-2019Community - Crivitz
Faith Christian Lists 2nd Quarter Honor Roll

02-21-2019Community - Crivitz
Crivitz Legion Post Gun Show Mar. 9

02-21-2019Community - Coleman
Coleman Development, Kindergarten Registration

02-21-2019Community - Coleman
Semester Honors Announced at Coleman High School

02-21-2019Community - Coleman
Coleman High School Perfect Attendance

02-21-2019Community - Coleman
Coleman High School Lists 2nd Quarter Honors

02-21-2019Front Page
Fire Cleanup

02-21-2019Front Page
Coleman School Renovation Set To Start April 1, June 6

02-21-2019Front Page
Area DNR Wardens Saved Three Snowmobilers Feb. 2

02-21-2019Front Page
Town Of Peshtigo Okays ATV Purchase For Fire Department

02-21-2019Front Page
Peshtigo Crossing Guard Injured by Vehicle Friday

02-14-2019Obituaries
Mary R. Billings

02-14-2019Obituaries
Dennis F. Bomberry

02-14-2019Obituaries
Elizabeth A. Borden

02-14-2019Obituaries
Willard Carlton

02-14-2019Obituaries
James R. Charapata

02-14-2019Obituaries
Sean A. Cronin

02-14-2019Obituaries
David H. Erdman

02-14-2019Obituaries
Ann R. Foley

02-14-2019Obituaries
Elmer O. Garbrecht

02-14-2019Obituaries
Matthew S. Gunderson

02-14-2019Obituaries
Karen F. Hatfield

02-14-2019Obituaries
Erling Johnson

02-14-2019Obituaries
Esther Kebschull

02-14-2019Obituaries
Patti K. Klingbeil

02-14-2019Obituaries
Bob Lindbom

02-14-2019Obituaries
Helen M. Nichols

02-14-2019Obituaries
Lester W. Oliver

02-14-2019Obituaries
Carolyn J. Padgett

02-14-2019Obituaries
Bonita Paulsen

02-14-2019Obituaries
Gloria J. Pringle

02-14-2019Obituaries
Jim Reno 

02-14-2019Obituaries
Stella A. Roberts

02-14-2019Obituaries
Miranda M. Schwartzenberger

02-14-2019Obituaries
Helene M. Smiltneek

02-14-2019Obituaries
Marie A. Usher

02-14-2019Sports
Thunder Claim Three Wins in Ashwaubenon

02-14-2019Sports
Coleman Wins Regional Title; Area Wrestlers Advance to Sectionals

02-14-2019Sports
Wausaukee Holds Half Game M&O Lead; Race to Be Decided This Week

02-14-2019Sports
Crivitz Holds M&O Lead; Faces 2nd Place Coleman Monday

02-14-2019Perspectives
Country Cousin

02-14-2019Perspectives
From My Window

02-14-2019Perspectives
From Our Readers

02-14-2019Community - Wausaukee
Plan Maintenance On Wausaukee Town Hall

02-14-2019Community - Wausaukee
Wausaukee Lions Tournament Sign-Up

02-14-2019Community - Wausaukee
Seed Swap at Wausaukee Library

02-14-2019Community - Wausaukee
50 Units Blood Goal at Wausaukee

02-14-2019Community - Crivitz
Crivitz Woman's Club Offer Scholarships

02-14-2019Community - Crivitz
Town Talks About Crivitz Fire District

02-14-2019Community - Crivitz
Middle Inlet Board Meets On Feb. 14

02-14-2019Community - Crivitz
Valentine Dance in Crivitz Feb. 16

02-14-2019Community - Coleman
Coleman Utility Board OKs Pump Purchases

02-14-2019Community - Coleman
District 2 KC Free Throw Winners

02-14-2019Community - Coleman
Coleman Development, Kindergarten Registration

02-14-2019Front Page
Digging Out

02-14-2019Front Page
County Continues Revamp Of Economic Development

02-14-2019Front Page
Primary Elections Tuesday, Feb. 19

02-14-2019Front Page
Village of Pound Considers Employee Benefit Package

02-14-2019Front Page
Peshtigo Committee Okays $1,516,849 Non-Lapsing Funds

02-07-2019Obituaries
Roger F. Amundson

02-07-2019Obituaries
Janice J. Bakkum

02-07-2019Obituaries
George L. Benoit

02-07-2019Obituaries
Annette M. (Samsa) Bevier

02-07-2019Obituaries
Frances L. Bretl

02-07-2019Obituaries
Mary Ann Czeto

02-07-2019Obituaries
Veiga L. DeBenedetto 

02-07-2019Obituaries
Thomas A. Engebos

02-07-2019Obituaries
Kerney Espy

02-07-2019Obituaries
Darrell Franklin Faucett

02-07-2019Obituaries
Gerald Flaws

02-07-2019Obituaries
Donald G. Graef

02-07-2019Obituaries
Mildred A. Hansen

02-07-2019Obituaries
Helen J. Hombs

02-07-2019Obituaries
Lois Huebner

02-07-2019Obituaries
Robert P. Javor

02-07-2019Obituaries
Katherine A. Kobe

02-07-2019Obituaries
Terry Ann Koceja

02-07-2019Obituaries
Barbara A. Krob

02-07-2019Obituaries
Darlene L. Kroll

02-07-2019Obituaries
Tami J. Lee

02-07-2019Obituaries
Peter Milroy

02-07-2019Obituaries
Judith A. Mollus

02-07-2019Obituaries
Dean Peitersen

02-07-2019Obituaries
Richard D. Peterson

02-07-2019Obituaries
Carol M. Plog

02-07-2019Obituaries
Louisa Rowell

02-07-2019Obituaries
Ruth M. Shufelt

02-07-2019Obituaries
Cheryl A. Strojny

02-07-2019Obituaries
Mabel R. Thompson 

02-07-2019Obituaries
Charles J. Willemarck

02-07-2019Obituaries
Douglas E. Wolfe

02-07-2019Obituaries
Richard V. Yenchesky

02-07-2019Obituaries
Cheri L. Zemke

02-07-2019Obituaries
Frances A. Zuraski

02-07-2019Sports
Excitement Builds Ahead of Feb. 9 Lake Winnebago Sturgeon Season

02-07-2019Sports
Thunder Take Two From G.B. United

02-07-2019Sports
Crivitz Holds Slim M&O Lead Over Wausaukee/Oneida

02-07-2019Sports
Wolverines Hold Onto Lead in M&O

02-07-2019Perspectives
Country Cousin

02-07-2019Perspectives
From My Window

02-07-2019Perspectives
From our readers

02-07-2019Community - Wausaukee
Open Enrollment at Wausaukee School


space
Peshtigo Times
WEB Poll!
Are you ready for Spring yet?
space Yes
No
Undecided
space
TO VOTE CLICK
YES, NO or UNDECIDED

Suggest a Question
space .
space
FRONT
space
.
space
CLASSIFIEDS
space
.
space
COMMUNITY
space
.
space
GUEST BOOK
space
.
space
NEWS
space
.
space
OBITS
space
.
space
PERSPECTIVES
space
.
space
SPORTS
space
.
space
SUBSCRIBE
space
.
space
.
space
PESHTIGO FIRE
space
.
space
CUSTOM PRINTING
space
.
space
TIMES' SAVER
space
.
space
Click for Peshtigo, Wisconsin Forecast
FORECAST
space
Quick...
News or Ad Search
Enter News key words.
Enter Ad key words.



Peshtigo Times
841 Maple St
PO Box 187
Peshtigo, WI 54157
Phone: 715-582-4541
Email:
News@
PeshtigoTimes.com

space
Fax: 715-582-4662
© 2000-2019
All right reserved
space
Powered by
WEB Media
Interactive
COMMUNITY
WEB sites