Addendum to Verified Complaint filed on 3-21-2019 Racine

Josh Kaul

Wisconsin Attorney General Office Jerimiah C. Van Hecke

Wisconsin Judicial Commission

4-16-2019

Subject: Addendum - Criminal Complaint Attached within this file is the criminal addendum complaint to supplement the Verified Complaint filed into your respective offices on March 21, 2019. This criminal addendum complaint concerns judicial misconduct of acts and omissions in office by Racine County Circuit Court judge Eugene Gasiorkiewicz and Court of Appeals judge Lisa Neubauer.

As you should be aware of, I am not an attorney. But I have been a prose litigant and a manager of many court files, so I do have a limited understanding of law.

My limits of knowledge within law do not blind me to the gross negligence of the application of law which rises to the level of criminal misconduct in office by Gasiorkiewicz and Neubauer.

I am appalled by the judicial misconduct of the two judges within my complaint.

My personal experiences within the Wisconsin courts concerning hearings have been an eye opener of numerous judge's ruling on emotion, not law.

Case in point:

Gasiorkiewicz refusal to allow petitioner Sandy Weidner to exercise her right to amend her complaint of civil proceedings within 6 months of filing the initial action. See attached WCCA court pie.

I reference this commonly used statute in civil litigation because I have had experience successfully using this statute in litigation.

Wis. Stat.§§ 783.01, 801.01(2).

Section 802.09(1} of the Wisconsin Statutes provides in relevant part that "[a] party may amend the party's pleading once as a matter of course at any time within 6 months after the summons and complaint are filed or within the time set in a scheduling order under s. 802.10. ... and leave shall be freely given at any stage of the action when justice so requires."

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Of course it is her attorney's job to argue the statute in court. But it is a right to amend any civil case within 6 months of filing the action. This is not only a rogue and derelict ruling by judge Eugene Gasiorkiewicz, it is also a criminal act under Wisconsin statute 946.12 (1), (2), (3) along with his sealing of the complete court record. These legal proceedings are off the charts!

CONDUCTING SECRET COURT WITHOUT LEGAL FOUNDATION IS CONTRARY TO LAW AND VIOLATES EVERY WISCONSIN CITIZEN's RIGHTS. Both judges sealed the complete court record without legal foundation.

These two judges have undermined and subverted law in a most blatant, bias and prejudice manner. It is no wonder that Sandy Weidner had to defy an arbitrary judge's ruling that sealed the court records.

How dare courts put a litigant into a Catch 22 within a secret court where if she remains silent she is doomed to the punishment of prejudice, illegal secret courts and if she discusses the case she is placed in contempt of court !

Silence was no longer an option for litigant Sandy Weidner. She had to ignore her own attorney's legal advice of remaining silent to expose the complicit, rogue and derelict courts to protect herself and her rights.

When Milwaukee Journal/Sentinel reporter Bruce Vielmetti broke the story, I realized what a dark place the courts had put litigant Sandy Weidner into.

I filed motions to intervene into both courts to assert and protect my U.S. Constitutional and state rights as well as that of the general public rights and that of litigant Sandy Weidner. I was denied intervention by both illegal courts Both judges have violated and attacked the rights of all 5.8 million Wisconsin citizens thru gross negligence of illegal acts and omissions while conducting court.

Neither judge belongs on the bench. Both judges need to be criminally prosecuted to the fullest extent of the law.

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Addendum to Verified Complaint To: Wisconsin Department of Justice To: Wisconsin Judicial Commission References: Verified complaint filed on 3-21-2019 Racine County Circuit Court case# 17CV1644 Court of Appeals case# 18AP1189 Judge Eugene Gasiorkiewicz Judge Lisa Neubauer Addendum to Verified Complaint of Judicial Misconduct filed on March 21st. 2019 into the Wisconsin Department of Justice (DOJ) and Wisconsin Judicial Commission (WJD).

This Addendum further asserts criminal misconduct acts committed by Judge Eugene Gasiorkiewicz and Judge Lisa Neubauer.

The overseeing agencies of the DOJ and WJC have been made well aware of the statewide implications that all 5.8 million Wisconsin citizens' rights were denied their rights due to the egregious misconduct of Judge Eugene Gasiorkiewicz and Judge Lisa Neubauer. Gasiorkiewicz and Neubauer sealed the complete court records in violation of the First Amendment of the U.S. Constitution, Wisconsin Statutes 59.20(3) and 757.14 and Supreme Court Rules 60.02, 03, 04.

This addendum invokes Felony misconduct charges of Wisconsin Statutes 946.12 and its subsections, committed by Judge Eugene Gasiorkiewicz and Judge Lisa Neubauer.

Wisconsin Statute 946.12 (1), (2), (3) states as follows:

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Misconduct in public office. Any public officer or public employee who does any of the following is guilty of a Class I felony: (1) Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer's or employee's office or employment within the time or in the manner required by law; or (2) In the officer's or employee's capacity as such officer or employee, does an act which the officer or employee knows is in excess of the officer's or employee's lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer's or employee's official capacity; or (3) Whether by act of commission or omission, in the officer's or employee's capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer's or employee's office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another;

Both Judge Gasiorkiewicz and Judge Neubauer attacked and denied the rights of all Wisconsin citizens to participate and oversee proceedings in court cases 17CV1644 and 2108AP1189. The judges arbitrarily and capriciously sealed the court record without any legal foundation to do so.

Criminal Charges Criminal Count 1.

Acting against Wisconsin Statutes 946.12 (1) Judge Eugene Gasiorkiewicz and Judge Lisa Neubauer committed the following felony act(s): Judges Gasiorkiewicz and Neubauer intentionally failed or refused to perform a known mandatory, nondiscretionary, ministerial duty of the officer's or employee's office or employment within the time or in the manner required by law. Specifically both judges failed to open the court record as required by law.

Both judges failed to open the court record as required by the First Amendment of the U.S. Constitution and Wisconsin statutes 59.20(3), 757.14. They knowingly and willingly conducted secret court proceedings without legal foundation, failed 4

to post the court docketing#, party names, the court calendar and conducted court proceedings and hearings in secret. Citizens were illegally denied access to the courts despite complainant filing motions to intervene and open the court records.

Criminal Count 2.

Acting against Wisconsin Statutes 946.12 (2) Judge Eugene Gasiorkiewicz and Judge Lisa Neubauer committed the following felony act(s): Judge Gasiorkiewicz and Neubauer knowingly exceeded the lawful capacity and authority of the bench by conducting secret courts, acts specifically forbidden by law.

The judges knowingly and willingly violated Wisconsin Statutes 59.20(3)

and 757.14 and the First Amendment of the U.S. Constitution by illegally sealing the court record without legal foundation. Citizens were illegally denied access and oversight of the courts despite complainant filing motions to intervene and open the court records.

Criminal Count 3.

Acting against Wisconsin Statutes 946.12 (3) Judge Eugene Gasiorkiewicz and Judge Lisa Neubauer committed the following felony act(s): Be it thru commission or omission, Gasiorkiewicz and Neubauer engaged in illegal discretionary powers inconsistent within the duties of conducting court. The complete sealing of the court record violated the rights of all Wisconsin citizens, specifically the First Amendment of the U.S. Constitution and Wisconsin statutes 59.20(3), 757.14 and that of the litigants within the court. The sealing of the court record provided a dishonest advantage for City of Racine litigants and that of the judge being the courts were vacant of the scrutiny of the overseeing public.

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Citizens were illegally denied access to the courts despite complainant filing motions to intervene and open the court records.

This complaint is of very high priority being the rights of all 5.8 million Wisconsin citizens have been violated by both judges.

Complainant Harry Wait request the DOJ to immediately act upon this addendum and conduct a full investigation into the criminal misconduct charges brought forth within this addendum concerning Judge Gasiorkiewicz and Judge Neubauer.

Complainant pleads the DOJ to charge the judges with the 3 criminal misconduct complaints.

In the spirit of Wisconsin Judicial Commission's responsibilities "The

Commission's purpose is to protect the integrity of the judicial process and to preserve public confidence in the courts. The Commission's mission is to hold Wisconsin judges and court commissioners accountable for violations of the Wisconsin Code of Judicial Conduct while maintaining the independence of the judiciary so necessary to the proper functioning of a democracy".

Complainant is appalled by the acts of these two judicial officials acting as scofflaws within the court systems. They have undermined and subverted Wisconsin laws and civil rights against its citizens.

Wisconsin statutes 757.02 and oath states the following:

/,the undersigned, who have been elected (or appointed) to the office of ...., but have not yet entered upon the duties thereof, do solemnly swear that I will support the constitution of the United States and the constitution of the state of Wisconsin; that I will administer justice without respect to persons and will faithfully and impartially discharge the duties of said office to the best of my ability. So help me God. The judges have clearly violated their oath of office and committed felonies.

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Complainant requests the Wisconsin Judicial Commission to immediately act upon the addendum and conduct a full investigation of the criminal acts asserted by this addendum against Judge Gasiorkiewicz and Neubauer. Complainant pleads the WJC to sanction the judges and revoke their licenses to practice law.

Respectfully submitted and dated 4- 16 -2019

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Harry Wait 4353 Shianne St. Union Grove, Wi. 53182 cor-, Ema .,,. har1··,t·,·e.v@ama" v ,_ - ,•f'-~,,,,~~~-'-"-_:_!Tele: 262-770-9796 •

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Note ruling dated 2-5-2019

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The judge arbitrarily and capriciously deemed the filing as untimely! ~ ... ~'"'"'"'"~ ...

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Additional text:

Court record text sealed by Judge Gas!Orkiewicz

02-05-2018

Received documents Additional text

Letier from Atty Hinkston regarding respondent's request

02-05-2018

Amended

Gaslorkiewicz. Eugene A

Addltionaf text

Amended Petition for Writ of Mandamus and Other Relief - NOTE: at nearing on 2-5-18. Judge deemed thts fifing as untimel\1•

12-22-2017

Notice of motion. motion Additional text: to Seal its Brief and Affidavit and Exhibits of Scott Letteney in Support U1e City or Racine's /,lotion to Quash Pe1it1on for \'Vril of Mandamus

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