Two Shawano County judges Thursday denied a Bonduel couple’s petition to have Clerk of Courts Susan Krueger removed from office, but they also faulted some of her actions and imposed conditions on their ruling.
A petition filed in November by David and Karen Patza, of Bonduel, alleged that Krueger used her position in an attempt to influence the sentencing of a personal acquaintance in a Brown County felony case.
Judges James Habeck and William Kussel Jr. presided jointly over a hearing in the matter last month.
In their written decision filed Thursday, the judges harshly criticized some of Krueger’s actions, but found insufficient grounds to remove her from office.
Krueger declined to comment on the 11-page decision, saying she had not yet read it.
David Patza, informed of the decision Thursday evening, said it was disappointing.
“We’re disappointed with the response, but we appreciate that they took it seriously,” he said.
Patza said the conditions imposed on Krueger by the judges were a positive step.
“She’ll be watched more closely,” he said. “But I don’t think much is going to change.”
Krueger wrote a letter on Shawano County Clerk of Court letterhead in May to Brown County Circuit Court Judge Kendall Kelley on behalf of Eric Hodkiewicz, 35, of Shawano.
Hodkiewicz had been found guilty after a jury trial in March of substantial battery with intent to do bodily harm, strangulation and suffocation, stalking, burglary and several other charges. He was sentenced to eight years in prison and 13 years of extended supervision.
Krueger’s May 13 letter to the Brown County court, written “on both a personal and professional level,” defended Hodkiewicz as someone incapable of “the alleged violence” against the victim.
Krueger wrote that Hodkiewicz was a close friend of her son. She said she has known Hodkiewicz since he was in high school.
Krueger went on to say in the letter that the court system failed in this case.
“The state abuses its authority by overcharging, and using it as leverage for potential plea bargaining,” she wrote. “I’ve seen victims file report after report with law enforcement to bolster their stories in restraining order, custody and criminal cases, making unsubstantiated testimony more believable.
“Often it is the better ‘liar’ not ‘lawyer’ that can win a case before a judge or jury for the state or defense.”
Krueger went on to defend Hodkiewicz’s character and asked the court not to include prison as part of the sentence.
In their ruling, the judges found that Krueger had not violated state statutes covering criminal misconduct in office because she did not stand to gain anything from her actions.
“There is no evidence that her advocacy of Mr. Hodkiewicz in any way benefited her or her immediate family,” they wrote.
The judges also found that the petition didn’t meet the burden of proving that any great harm was done.
“If clerk’s letter had a significant impact on the sentencing decision, it merely lowered prison time to eight years of initial incarceration, a lengthy sentence,” they wrote.
The judges were highly critical, however, of Krueger’s comments questioning the fairness of criminal court proceedings in terms that were “derogatory and insulting” to the judicial system.
“If clerk were a state employee in the Office of Court Operations, she would likely face discipline, including possible termination,” they wrote.
However, they wrote, no provisions of law covered those opinions expressed by a county clerk of courts.
“Ethical standards are not adopted for clerks in Wisconsin,” they wrote.
The judges also took issue with Krueger’s use of public property to send her letter and e-mails she wrote to Department of Corrections staff regarding the Hodkiewicz case.
They called those actions inappropriate, as well as a violation of Shawano County technology policy.
Among the conditions imposed in Thursday’s decision, Krueger will be required to attend ethics and domestic violence training, and will have to write a letter to Judge Kelley clarifying that her previous letter expressed her own views and was not an official action of her office.
Another condition already imposed when the petition was filed in November will continue. That condition bars Krueger from having any contact with or access to any court file having to do with the victim or her family.
Categories
