JUDICIAL MISCONDUCT Judge Eugene Gasiorkiewicz & Judge Lisa Neubauer

RECE:'./ED MAR 21 2019

VERIFIED COMPLAINT JUDICIAL MISCONDUCT Judge Eugene Gasiorkiewicz & Judge Lisa Neubauer COMPLAINANT Harry Wait respectfully shows and alleges as follows and as attached:

1. Harry Wait is a resident of the State of Wisconsin, residing at 4353 Shianne St, Union Grove, Wi. 2. Judge Eugene Gasiorkiewicz conducts court at 730 Wisconsin Ave, Racine, WI. 3. Judge Lisa Neubauer conducts court at 2727 N. Grandview, Waukesha, WI. 4. Both Judge Gasiorkiewicz and Neubauer are licensed attorneys within the State of Wisconsin, holding the elected public position as Judge.

5. Judge Neubauer is the Chief Judge of the Court of Appeals 6. Judge Gasiorkiewicz and Judge Neubauer has conducted illegal secret court in violation of the 1'1 Amendment of the U.S. Constitution, Wisconsin statutes 757.14 and 59.20(3), violating the rights of approximately 5.8 million Wisconsin citizens.

7. Judge Gasiorkiewicz and Judge Neubauer have violated their oath of office, conducting illegal secret court proceedings.

8. Complainant has been personally aggrieved by the outrageous conduct of Judge Gasiorkiewicz and Neubauer, with both Judges actively denying complainant civil and state rights.

9. Complainant filed a motion to intervene into case #17CV1644 and was denied intervention.

10. Complainant filed two motions to intervene into Case #18AP1189 and was denied intervention.

11. Approximately 5.8 million Wisconsin citizens have been denied their U.S. Constitutional and state rights by Judge Gasiorkiewicz and Neubauer.

' ' . -. c;. ':

:;- ~:. i

~\!.ÂŁ--\[\

e,.___;"

L'

;;__.

Respectfully submitted

~ted thl• 20'°. d•y of M•"h, 2019

Harry Wait 4353 Shianne St. Union Grove, Wi. 53182 262-770-9796

1 Notary Public, iRacine C"bunty, Wisconsin ff';, 0 0 My Commission expires LL_J Y~, - I C'f

VERIFIED COMPLAINT To: Josh Kaul, Wisconsin Attorney General To: Wisconsin Judicial Commission

Subject: Complaint of illegal court activity violating citizen rights of the 1st. Amendment of the U.S. Constitution and Wisconsin Statutes 757.14 and

59.20(3).

Currently, the Wisconsin Court of Appeals is conducting secret court, violating 5.8 million Wisconsin citizen's U.S. civil and state statutory rights as you read this complaint.

Court of Appeals case # 18AP1189 involves a Wisconsin Public Records Request (open records), yet the COMPLETE court record is sealed contrary to law.

The lower court case, Racine County Circuit Court case # 17CV1644 was completely sealed by Judge Eugene Gasiorkiewicz. The complete sealing of the court record included the court docketing #, party names, court schedule and all hearings and records. Court case #17CV1644 has received national attention due to the illegal and egregious conduct of the court.

Citizens have rights to know the court docketing #, the names of the parties, the court schedule and to attend hearings. The U.S. Supreme court says so and so does

Wisconsin statutes. Further, litigants within a secret court are denied their rights and protections of public oversight and scrutiny of the courts.

Conducting court case 18AP1189 in secrecy is unconstitutional and further violates Wisconsin statutes 757.14 and 59.20(3), the first Amendment of the U.S. Constitution and Wisconsin Supreme Court Rules (SCR).

Wisconsin Statute 757.14 "The sittings of every court shall be public and every citizen may freely attend the ,, same ..... .

Citizens are directly empowered by statute 757.14 to scrutinize court proceedings of case# 18AP1189.

Wisconsin Statute 59.20(3), The court shall: " open to the examination of any person all books and papers required to be kept in his or her office and permit any person so examining to take notes and copies of such books, records, papers or minutes .... " Citizens are directly empowered by statute 59.20(3) to the opening of the Court record for public examination and scrutiny of case# 18AP1189.

Supreme Court Rules - 60 Preamble. Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all

provisions of this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law.

SCR 60.02 A judge shall uphold the integrity and independence of the judiciary.

SCR 60.03 A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities.

SCR 60.04 A judge shall perform the duties of judicial office impartially and diligently.

The First Amendment of the U. S. constitution guarantees that American court proceedings are presumptively open to the public. The U.S. Supreme Court has explained the public's presumptive right of access to court proceedings are rooted in both logic and history.

According to Court of Appeals documents, the Chief Justice of the Court of Appeals handles administrative matters for the entire Court of Appeals while continuing to participate fully in deciding cases. source: As Chief Judge of the Court of Appeals, Judge Lisa Neubauer bears responsibility for the sealing of the complete court record. Conducting secret court is illegal,

violating the rights of 5.8 million Wisconsin citizens as she conducts this outrageous court in secrecy, denying and attacking citizen rights in violation of Wisconsin Statutes and the U.S. Constitution of the 1st. Amendment.

I can find no specific statute to call upon the Wisconsin Department of Justice to take immediate action to fully restore the rights of Wisconsin citizens to oversee these illegal courts, yet the need is great.

Supporting documents below and attached: Current "WCCA" result as of 3-18-2019 .•.. -~outrr SYSTE'.M. ~-~

Case Search Results You searched for: Appeal Number 2018AP0011S9

Your search returned no results

(1 tIQ.s: I lvvvv'-Ml. js911 line. co n1/siQl't/ /n e\AJs/o_gjiti C§/20 'l 8/()9/!J 51\ Lida e-dela Y'S-

cqrrie rt.~:i-l-: i···1ea ri ri_Q.:~5eci~et~r9c~ r1 e~o per1: te_co [ds--ca s,;;;,/ '!_:t_~. "! {)·; ·?·002/

https://iournaltimes.com/news/local/weidner-chosen-for-whistlebloweraward/article 2795b315-8f76-5d5b-8d25-a 71f158895ca. html#trackingsource=home-top-story-2

I have been personally aggrieved and continue to be aggrieved by the current illegal and egregious conduct of both courts. I filed motions to intervene in both the Circuit Court and the Court of Appeals to assert and protect my rights and that of public interest. I was illegally denied

access to court records and proceedings despite my intervention into both courts to protect my rights and that of the public.

Due to a lack of statutory relief provided by Wisconsin statutes, I can only attempt to seek relief through 42 U.S. Code 6 j 983 - Civil aC"1ion for cleprivaiion o[Jjgfilยง..

But what about relief for the rest of our fellow citizens whose rights are currently being violated in our state ?

Both judges have acted as scofflaws and trashed the integrity of our court systems.

I request the Attorney General's office and the Wisconsin Judicial Commission offices to conduct an immediate and full investigation of these illegal secret courts, to take immediate action to restore and protect all 5.8 million Wisconsin citizen's rights of this verified complaint. I further request the DOJ and WJC to take actions to sanction the egregious conduct of both judges.

List of Court's violations: 1s1โ ข Amendment of the U.S. Constitution Wisconsin Statute 7 57 .14 Wisconsin Statute 59.20(3) Wisconsin Supreme Court Rules (SCR) SCR Preamble SCR 60.02 SCR 60.03 SCR 60.04

Dat~d this 201h. day of March, 2019 Res~ectfully

ubmitted,

H rry W it 4353 Shianne St. Union Grove, Wi. 53182 262-770-9796

Notary Public. Rac\'i'ie County. Wisconsin . ' ' . jf"----1 --~ "- 1- /~ 1

My Comrnis51on

expir·es

1

•

,

•

Page 1 of 1

STATE OF WISCONSIN

JUDICIAL COMMISSION Jeremiah C. Van Hecke Executive Director

Suite 700. Tenney 13uilding I l 0 East Main Street

Phone: (608) 266-7637 Fax: (608) 266-8647

ivladison, \Visconsin 53703-3328

February 19. 2019 CONFIDENTIAL Harry Wait 4353 Shiunne Slrt:et Union Grove. WI 53182 Dear Mr. Wait: I ha<l an opportunity to revic\v your request for investigation and correspondence received by the Commission between November 12, 2018, and January 4, 2019, relating to Racine County Circuit Court Judge Eugene Gasiorkie\vicz. I also revie~'ed the \\1isconsin Court System's publically accessible online court records concen1ing Racine County case no.

17CV1644.

ft is the Con1n1ission's responsibility to enforce the ethical obligations of judicial officials as outlined in ~-'isconsin Supreme Court Rule 60. Legal decisions n1adc in the course ofjudicial duty are subject solely to judicial reviev.;, not the review of the Wisconsin Judicial Co1111nission.

Our role is not that of an appellate court.

The Con1mission cannot grant rt!liefto a litigant, take action to alter the outcome ofa particular case, provide legal advice, or become involved in any way in a person's court proceeding.

In your sub1nission, you complain about the judge's various decisions in the aforementioned case, including rulings relating to the confidentiality ofvarioLL<> proceedings and records. Such claims are legal inattcrs outside of the Commission's jurisdiction. J\ccorJingly, \\,.e can take no action upon then1.

I a1n son¡y \\'e cannot assist you further.

Very nuly yours,

_....-

(,-7~~~

~' ~/<kremiah C. Van Hecke

( //'" ./

(

.Executive Director

httos://out!ook.live.com/rnail/inhox/id/ AO Mk ADAw ATFOYTOwT .Trim MiFt7WFh An~t

~/?()/?()1

Q